Rifle Potato Growers Co-Operative Ass'n v. Smith

The plaintiff in error was plaintiff below and was defeated on trial to the court in a suit to enjoin Smith from disposing of his potatoes in violation of a marketing contract executed by plaintiff and defendant under the act of 1923, S. L. 1923, c. 142, and the case comes here on error.

Smith was a potato grower; he joined the plaintiff company and signed the standard marketing contract by which he agreed to sell his potatoes to plaintiff only. He sold to others and threatened to continue to do so, whereupon plaintiff brought this suit.

His first defense is that the contract is unilateral, and…