Kansas Wheat Growers Ass'n v. Windhorst

The opinion of the court was delivered by

Hutchison, J.:

This is an action by the Kansas Wheat Growers Association against one of its members to recover the prescribed penalty of twenty-five cents per bushel for wheat which he has failed to deliver to the association as required by his contract. The answer admits the execution of the contract, but denies that the conditions precedent to make it effective have ever been complied with and that it ever became a binding contract. The answer specially denies that the preorganization committee ever obtained preorganization contracts covering five…