Henning

In this action judgment was rendered in favor of defendant at the conclusion of a trial wherein the issues raised by the pleadings were submitted to a jury which returned a verdict for defendant. From the judgment thus rendered and from the court’s order refusing a new trial, plaintiff has appealed.

The cause of action alleged in the complaint was for the recovery of a sum of money as liquidated damages arising from the breach of a contract made by respondent with appellant. From the record herein, it appears that at all times material to the controversy, appellant was a nonprofit. association organized for the purpose of enabling its members to conduct jointly the operation of harvesting and marketing citrus fruits grown upon land owned by such members. The grower’s contract and the by-laws of appellant provide that so long as a grower of citrus fruit remains a member of the association he is obligated to pack and market all citrus fruit grown on land covered by the grower’s contract through appellant association; that his membership in the association, continues from year to year unless terminated as provided in the by-laws, one method of termination being the right to withdraw…