Imperial Valley press., 1919-06-24

t products produced or owned by hin
= through the Association. Each mem
= ber admits that it would be eXtremel
= difficult and impracticable to fix O
+ ascertain the amount of damage
which the Association or it's mem
| bers would suffer if one or more o
/ its members should neglect, refuse o
E fail to keep and perform the term
; and conditions and agreements here
in and in his marketing contract con
tanned, for which reason it is eX
pressly understood and agreed by anC
between each of the members of the
Association. including any persons tC
hereafter become members, that il
any member shall neglect, refuse Oh
cream, butter, cheese and other dairy
dispose Of, through the facilities pro-
vided by the Association, that such
member shall pay to the Association
as liquidated damages, and upon de-
! n1and of tie Association, the sum of
ten QO) per cent of TIE value
! CT the produtc sold by him otherwise
/ than through the Association"
"to) 1t is understood and agreed
! milk, cream, butter, chees and other
dairy products from these marketing
arrangements, to take effect May 1st
of any years, provided he gives writ
Ten notice of his intention in that re-
gard to the Association at least thirty
800 days before the third Wednes-
day in January Of the year in which
such withdrawal is to take effect
Such notice to be given to and re-
ceived by the Secretary of the Asso-
citation, but no such Withdrawals shall
take effect prior to the third We'd
nesday in January, 1921. If no such
notice OF Withdrawals is given then
each member shall be held to con-
tinue such marketing arrangements
until the same are terminated bv
such withdrawal"
Upon signin"' the membership blank
of the said defendant association the
plaintiff was informed by the said
defendant through it's said agents,
that he would be required to pay as
q membership fee $500 for each COW
which was then being MIXED by the
plaintiff; that $3.50 of each said $500
was required to be paid in cash by
The plaintiff to the defendant upon
his signing the said membership
blank, and that the remaining $3.50
for each COW that was milked by him
should be represented by a promis-
scry note or notes of the plaintiff,
but that the plaintiff would not at
any time be required to paw said note
or notes; that the plaintiff believed
The said statements and so believing
naid said $3.50. also executed his said
notes to the defendant association.
That pursuant to said request and
demand the plaintiff then paid to the
defendant $425O in cash iand ex-
ecuted and delivered to the defendant.
his promissory notes for S3S2.50 and
interest
The defendant has made demand
upon the plaintiff to deliver the whole
milk, also cream produced by him to
It, pursuant to the said bylaws of
the defendant; defendant has also
made demand upon the plaintiff for
the defendant upon the said promis-
to the defendant as aforesaid, and
compel the payment of the said in
Nt4CoIs ellSO lIlt ~ lilClOdl VI SciIt DI Olil-
issorv notes SO executed by the lain
tiff to the defendant. and also to col
lect from the plaintiff liquidated dam
ions of Subdivision (n) of Article
NIII of said Bylaws of the defen-
dant.
The plaintiff has not received any
horof,+ 40
fendant for his said membership
head for each of the said cows owned
by tie plaintiff, paid in cash to the
defendant as aforesaid: that the plain
tiff did not receive any consideration
or benefit for the execution of the
said promissory notes to the defen-
dant; and that the Code of BYLAWS.
also the said provisions in the said
Bylaws. of the defendant provid-
ing for liquidated damages to the de-
fendant in the amount of 10 per cent
Of the value of nrOduce sold h. any
member of the defendant otherwise
than through the defendant, does not
constitute a contract between the
plaintiff and defendant, and that the
nayment Of said cash navment. also
tne execution OF Sdl0 prom lSSOTy
notes, also the entering into any al
legged contract between the plaintiff
and defendant by reason of the sign
ing of a membership blank in the de-
fendant by the plaintiff or by reason
of the plaintiff becoming a member
Of the defendant. was without any
consideration whatsoever. and that
any pretended agreement between
the plaintiff and defendant. as rerit-
ed in the said Bylaws of the de-
fendant or otherwise between the
plaintiff and defendant. relative to
the execution Of said promissory notes
by the plaintiff to the defendant, or
anv agreement by the plaintiff to
, deliver his whole milk or cream to
the defendant or the payment of the
cash sum Of $3.50 per each cow so
/ owned by the plaintiff, was and is
/ viodable and void for the reasons fol-
/ lowing. viz:
! hl Tho copcnpt of tho plaiptiff to