Stadley

Plaintiffs and appellants N. B. Stadley and L. M. Starr brought this action against defendant and respondent Pine Island Cooperative Association, a corporation (hereinafter referred to as Association) for wages claimed to be due them and for money loaned to defendant Association over a period of years. This cause of action is pleaded in several different forms, including open-book account and account stated.

The gist of the action is the claim that defendant owes plaintiff Stadley $7,164 and plaintiff Starr $5,690 for work and labor performed for defendant. In addition, Stadley claims defendant owes him $2,441 for money he loaned the Association.

Defendant answered and denied generally these allegations and set up Code of Civil Procedure, section 339, subdivision 1, as a bar to recovery. A counterclaim alleged that plaintiffs falsely and fraudulently concealed entries in the Association’s books and Association was thereby damaged in the sum of $20,000. This counterclaim was subsequently dismissed.

Defendant Association commenced an unincorporated association after a group of people around Hollywood came to plaintiff Stadley to inquire of Stadley and a health doctor he had…