Schodde

On June 13, 1918, the United States leased certain public lands, situated in Idaho, to “Geo. II. Schodde, W. W. Custer, Louis Nelson, C. H. Matson and Claude Myers, doing business under the firm name and style of Lincoln and Minidoka County Cattle and Horse Growers’ Association, together with such owners of horses and cattle as now are or may hereafter become members of said association.” The lease was to run for a period of 3 years at an annual rental of $1,-855.

Aetion was commenced in the District Court of the United States for the District of Idaho on September 22, 1920, by the United States to recover from the parties heretofore named, rent in the sum of $1,-855.00 alleged to ho due under the lease on December 1, 1919. By the eomplaint the above-named were designated as copartners, but in their answer this was denied, and it was alleged that they were members of a “voluntary association” eonsisting of fifteen members instead of the five named, and prayed that all of the members of the said associa/tion he made parties to the aetion. This accompanied a general denial of all the allegations of the eomplaint, together with other affirmative defensive matter, the gist of which…