Sanders

The plaintiff is a nonprofit marketing association without capital stock and was organized by a large number of bean growers to co-operate in the business of growing and marketing beans. The defendant is one of its members. On June 14, 1921, plaintiff and defendant entered into an agreement whereby plaintiff agreed to market and defendant agreed to consign and deliver to plaintiff, as his agent, all of the beans produced by him except those which the plaintiff might release in writing for personal use or garden seed varieties. The agreement covered a series of years commencing with and including the year 1921. The agreement is very full and complete and sets forth the obligations of the respective parties in minute detail. One of its provisions is for liquidated damages in case the defendant shall fail to deliver to the plaintiff his crop of beans, and is set forth in the following language: “Inasmuch as it is now and ever will be, impracticable and extremely difficult to determine the actual damage resulting to the Association should the grower fail to so consign and deliver their beans, the grower hereby agrees to pay to the Association one cent ($.01) for each pound of beans…