Cash Crops Co-op. v. Minnesota Valley Canning Co.

• Decision Date: 08 November 1950
• Citation: 44 N.W.2d 563,257 Wis. 619
• Parties: CASH CROPS COOPERATIVE, v. MINNESOTA VALLEY CANNING CO.
• Court: Wisconsin Supreme Court

Page 563

44 N.W.2d 563

257 Wis. 619

CASH CROPS COOPERATIVE, v. MINNESOTA VALLEY CANNING CO.

Supreme Court of Wisconsin.

Nov. 8, 1950.

Riley, Riley & Riley, Donald D. Willink, Thomas W. Pierce, and Dale R. Thompson, all of Madison, for respondent.

FRITZ, Chief Justice.

Plaintiff's first cause of action is for a breach of contract by defendant. Plaintiff alleges:

That it is a Wisconsin cooperative association composed of farmers in Wisconsin, and that defendant is a Minnesota corporation engaged in processing canning crops, including peas, in Wisconsin; that in 1948, pursuant to sec. 185.08, Stats., plaintiff entered into uniform membership and marketing agreements with its members, whereby plaintiff acts as collective bargaining agent for its members in the sale of specified crops, including peas, which agreements were duly recorded in the proper counties, and provide by way of partial assignment for payment by the buyer of said crops to plaintiff from the sale of crops covered by said agreements, of such amounts not to exceed 1% of the gross receipts for any crop, as fixed by plaintiff's board of directors; that said board in 1948 fixed such partial assignments at 1%; that plaintiff duly certified to defendant the names of plaintiff's members who grew cash crops for defendant and who signed said agreements and communicated to defendant the amount of such partial assignments; that in 1948 said members sold and delivered to defendant green peas grown by them and received therefor from defendant the gross amount of $93,815.78; and that plaintiff is entitled to 1% thereof or $938.16, but defendant has neglected and refused to pay said amount to plaintiff.

The second cause is an action in tort. In addition to the allegations in plaintiff's first cause of action, it alleges:

That during the year 1948 defendant, through its officers and employees entered upon a course of conduct designed to interfere with the organizational activities of plaintiff, and knowingly induced, and attempted to induce, and aided, members of plaintiff, to sever their contractual membership relations with plaintiff, and induced, and attempted to induce, and aided, members of plaintiff to breach and disregard the terms of the membership and marketing agreements which they have executed and which have been duly filed, and of which defendant has had knowledge; and that as a proximate result of said acts and omissions of defendant plaintiff sustained $938.16 damages during 1948; and that it is informed and believes defendant will continue to induce, and attempt to induce, and aid members of plaintiff to breach and disregard the terms of the membership and marketing agreements which they had executed; and that defendant will in the future neglect and refuse to honor and recognize the assignment provisions of the said marketing and membership agreements which have been duly filed and of which defendant has knowledge.

Plaintiff prays for judgment that defendant and its officers and employees be restrained from interfering with plaintiff's...