Willett

*3 OPINION

By stipulation these twenty-five cases have been consolidated for trial. The first nineteen complaints were filed on August 28, 1924, and are identical except for the name of the defendant. The last six cases were filed on October 24, 1924, and each contains the additional allegation that the defendant therein has sold a part of his fruit. By the action plaintiff seeks specific performance of a membership and marketing contract executed by the respective defendants and seeks to enjoin defendants from' delivering apricots to anyone else in violation of said contract. The answers set up a variety of defenses, and by cross-complaint defendants seek to decree. cancelling the agreement, permitting defendants to withdraw *4 from the Association, for an accounting, and for damages.

The plaintiff is a non-profit co-operative marketing association composed of moiie than ten thousand members each of whom is a grower of either prunes or apricots or both within the state of California and each of whom has executed a contract identical with that involved in these actions. Except in a few instances, all of the defendants signed the contract in the spring of 1921, at which time the…