Klombies

This action was brought to declare void and annul plaintiff’s application for a certificate of membership in defendant’s organization, also a contract alleged to have been executed in connection with the said membership, and to cancel a note given in payment of the fee owing defendant for said membership, and to recover the sum of $66.77 paid thereon.

Plaintiff had judgment declaring void said membership and said contract and ordering the cancellation of said note.

Defendant moved for a new trial and same being denied prosecutes this appeal. Appellant is a nonprofit co-operative corporation, the members thereof being engaged in the poultry business, and the purpose of the said organization being to assist them in marketing their products and purchasing supplies necessary for their business. On August 24, 1926, a supplemental permit was issued to appellant by the commissioner of corporations authorizing appellant to sell and issue 300 membership certificates for $200 each, to be paid in cash or part cash and the remainder by promissory note. Said permit contained the following pro vision: “This permit is issued upon the condition that a true copy o£ said permit be exhibited and…