Burley Tobacco Growers' Co-Operative Ass'n v. Devine

Opinion op the Court by

Commissioner Sandidge—

Reversing.

This is an action by the Burley Tobacco Growers’ Co-operative Association against Andrew Devine, a member of the association, and his daughter, Bee Devine, to enjoin the sale and delivery to anyone other than the association of 5,000 pounds of tobacco raised in the year 1925 on the farm of F. Fox.Caldwell. The petition proceeds on the theory that the tobacco was produced by and for Andrew Devine under an agreement made in the name of his daughter for his sole use and benefit, and that his daughter had no interest in the tobacco. The…