Kansas Wheat Growers Ass'n v. Windhorst

The opinion of the court was delivered by

Hutchison, J.:

This is a rehearing of a case in which the opinion *424was handed down January 11,1930 (Kansas Wheat Growers Ass’n v. Windhorst, 129 Kan. 528, 283 Pac. 638). The rehearing was granted as to two propositions only: estoppel of the defendant, and the defense of not having subscribers for the estimated five million bushels requisite for organization.

The action was commenced by the Kansas Wheat Growers Association against the defendant Fred Windhorst, one of its members, to recover the prescribed penalty of twenty-five cents per bushel for wheat…