California Bean Growers Ass'n v. Williams

— Action by plaintiff to recover excess of advances made by the plaintiff to the defendant over and above the receipts of the defendant’s crop of beans marketed by the plaintiff for the defendant. Judgment of nonsuit was entered in the trial court and from this judgment the plaintiff appeals.

In this opinion the word “Association” will be used to designate the plaintiff and appellant.

The Association is a farmers’ co-operative association doing business on a nonprofit basis. Its purpose is to market beans of member growers. The Association operated under standard form of contract, known as the “bean crop con tract” and was executed by the Association and the defendant covering beans to be grown by the defendant and delivered to the plaintiff during the years 1918, 1919, and 1920. The action does not involve any beans grown or delivered during the year 1918, nor does it appear that any beans were grown by the defendant and delivered to the plaintiff during the year 1918. One count in the action was for damages for failure of the defendant to deliver beans to the Association during the year 1920, but the answer of the defendant sets forth that no beans were grown by the defendant…