Noble

Plaintiffs appeal from a judgment sustaining defendants’ and respondents’ demurrer to an amended petition for a peremptory writ of mandamus, without leave to amend.

The amended petition in substance alleges as follows: That petitioners are residents of the county of Ventura, state of California, and owners of apricot orchards and growers of apricots in said county and state; that defendant California Prune and Apricot Growers Association is a nonprofit co-operative association without capital stock, organized under the laws of the state of California, and has its principal place of business at San Jose, California; that the articles of incorporation of said defendant provide, among other things, that the number of directors of said defendant corporation shall be fifteen; that a copy of said articles of incorporation is attached to the petition and made a part thereof; that prior to June 29, 1925, each of the plaintiffs became members of said California Prune and Apricot Growers Association by executing with said associa tion a certain, membership agreement; that in said membership agreement it is provided substantially as follows: “The undersigned hereby appoint the Voting Board…