Imperial Valley press., 1919-06-24

/, as members practically all of tn
: dairymen who live within hauling dis
v tance of Ell Centro.
+ (d) That a plaintiff would not, un
$ less he at once became member o
: the defendant association, be able t.
f sell his whole milk or cream to an.
creamery because all the other cream
) cries would be forced to uit business
That the defendant would Civ,
better service to the dairvmen, de
lvering whole milk and cream to it
and in making returns to them OF
milk received than was given by the
creameries then operating in the Vi
cinity of Imperial Valley and woulc
give it's members a higher percentage
of butterfat than any other cream
cries were giving.
(e) That Immediately uOon begin
ming operations said defendant asso-
citation would buy and take all the
whole milk and cream the plaintiff
produced and had for sale.
(f) If the plaintiff would become
a member of the defendant he would
receive higher price for the butter
| fat in the milk produced by him.
That each and all of which state
ments numbered (a) to (f) inclusive,
were and are untrue, and were known
! to be untrue when made.
| (g) If the Plaintiff would become
a member of the defendant he would
receive for the butter fat in the milk
! produced by him not less than 81 90
per pound, instead of approximately
less than one-half that amount re-
! ceived by him at the time he sub
scribed said membership blank, each
and all of which said statements num-
bered (a) to (g) inclusive were and
are untrue and were known to be un-
true when made.
(2) That there was total absence
of consideration, also failure of
consideration, for the payment of said
moneys to the defendant, and the exc
cution of said notes to the defendant
and the execution of the said rretend-
ed agreement by the plaintiff to de-
liver the milk and cream produced by
him to the defendant, in this. viz:
(a) The only writings executed by
the defendant which could be held to
be contract between the plaintiff
and defendant are the Articles of In
corporation and the said code of bv-
laws of the defendant, and nowhere in
said Articles of incorporation or by
laws is there any agreement or prom
ise by the defendant to receive anv
whole milk or cream from the plain
tiff, or to pay him anything therefor,
or to do anything-or any promise
by the defendant whatsoever, and
that the said defendant wholly repu-
dates and disavOWs any and all the
oral representations and promises and
assertions which were made bv it
through it's said agent, to the plain
tiff, as set forth in Paragraph X, XI
and XII hereof. s'>-ra, F~......s. p.
(3) Said defendant has been guilty
of and has committed a breach of
each and eve"-- oral promises to and
with the plaintiff as hereinafter set
forth in this paragraph, in this, viz:
(a) The said defendant, upon en-
gaging in the creamery business, and
after holding itself out to its mem
bers, including the plaintiff, as ready
to receive whole milk and cream from
its members, failed and refused to re-
ceive the whole milk produced bv the
plaintiff, and which h demanded that
the defendant receive and accept from
him.
(b) Said defendant has wholly
failed to increase the price of butter
fat over that paid by other creamer-
les in the County of Imperial, and
has wholly failed to give to its mem
bers service in collecting. their milk,
or in giving checks therefor higher,
or equal to that @iven by the custom
creameries in Imperial Vallev, Cali
forniafi to the dairymen who deliv-
cred their milk to them.
(c) Said defendant has wholly
failed to keep any of the said prom
ises or representations made by its
said agents to the plaintiff, although
demand has been made upon it by
the plaintiff so to do.
I'D Said defendant has continuous
ly since its organization received, ac-
cepted and purchased whole milk and
cream from persons who were not
its members, in violation of it's Ar
ticles of Incorporation, and its by
laws, and it's said agreement with the
plaintiff.
(4) That any pretended agreement
between the plaintiff and defendant
contained in the bylaws. of the de-
fendant, or otherwise for the paw
ment by the plaintiff of liquidated
damages to the defendant in the event
of the failure of the plaintiff to de-
liver all of the milk produced by him
to the defendant, is contrary to the
provisions of Section 1910 of the Civil
Code of the State of California, and
void in this, that in the event of the
defendant has suffered any damage
by reason of the failure Of the plain
tiff to deliver the milk produced by
him, such damage is easilv and read
ily capable of aScertainment, and it
would not onlv be practicable, but
would be easy to fix any such dam
age.
The plaintiff first discovered the
said fraud perpetrated upon him by
| the defendant as aforesaid, also the
want of consideration and failure of