Printable Format17-1601. Purpose of cooperative marketing act. The purpose of the cooperative marketing act is to promote, foster and encourage the intelligent and orderly marketing of agricultural products through cooperation and to eliminate speculation and waste; make the distribution of agricultural products as direct as can be efficiently done between producer and consumer; stabilize the marketing of agricultural products; and promote the development of the most profitable and permanent system of agriculture, the most wholesome and satisfactory living conditions, the highest ideals in home and community life and a general interest in the improvement of field crops and livestock and in the business of farming and in rural life.
History: L. 1921, ch. 148, § 1; R.S. 1923, 17-1601; L. 1953, ch. 129, § 1; L. 1992, ch. 227, § 1; July 1.
Law Review and Bar Journal References:
Cooperative marketing act, Ralph E. Hoke, 22 J.B.A.K. 222 to 228 (1954).
Problems in fluid milk marketing, John C. Gage, 7 K.L.R. 311, 322 (1959).
Agricorporate membership in cooperatives, 17 W.L.J. 525, 544 (1978).
CASE ANNOTATIONS
1. Association organized under this act not unlawful monopoly. Wheat Growers Ass'n v. Schulte, 113 Kan. 672, 216 P. 311; Wheat Growers Ass'n v. Rowan, 123 Kan. 169, 254 P. 326.
2. Cooperative marketing act is constitutional. Wheat Growers Ass'n v. Charlet, 118 Kan. 765, 236 P. 657.
3. Bylaws of company construed to determine quorum. Everts v. Wheat Growers Ass'n, 119 Kan. 276, 237 P. 1030.
4. Association organized under this statute is not a merchant within taxing statute. Wheat Growers Ass'n v. Sedgwick County Comm'rs, 119 Kan. 877, 241 P. 466.
5. Section considered in action by employee for compensation. Watson v. Wheat Growers Ass'n, 120 Kan. 444, 243 P. 1051.
6. Uniformity and special act clause of constitution not violated by act. Wheat Growers Ass'n v. Goering, 123 Kan. 508, 256 P. 119.
7. Decisions holding association created under this act not to be a monopoly set out. Wheat Growers Ass'n v. Oden, 124 Kan. 179, 257 P. 975.
8. Member cannot lease land to wife to avoid contract. Kansas Wheat Growers Ass'n v. Lucas, 124 Kan. 773, 262 P. 551.
9. Association cannot loan money to members for liquidation of pre-existing debts. Wheat Growers Ass'n v. Rowan, 125 Kan. 710, 266 P. 101.
10. Sections cited in action to recover for breach of marketing agreement. Kansas Wheat Growers Ass'n v. Leslie, 126 Kan. 694, 271 P. 284; Kansas Wheat Growers Ass'n v. Rinkel, 126 Kan. 733, 271 P. 311.
11. Sections considered in action to forfeit charter of association. State, ex rel., v. Kansas Wheat Growers Ass'n, 127 Kan. 669, 274 P. 731.
12. Member of association may make lawful lease for cash. Kansas Wheat Growers Ass'n v. Garnett, 128 Kan. 337, 278 P. 5.
13. Act should be liberally construed. Nebraska Wheat Growers Ass'n v. Smith, 115 Neb. 177, 212 N.W. 39.
14. Association may engage in selling or purchasing activities or both; entire act considered to determine powers and purposes of association. State, ex rel., v. Consumers Co-operative Ass'n, 163 Kan. 324, 183 P.2d 423.
15. Plan to convert cooperative society to cooperative marketing association held unjust and inequitable. Hill v. Partridge Co-operative Equity Exchange, 168 Kan. 506, 508, 509, 512, 515, 214 P.2d 316.
16. County farm bureau could not become member of corporation organized hereunder. State, ex rel., v. Franklin County Farm Bureau, 172 Kan. 179, 184, 239 P.2d 570.
17. Provisions of Kansas Cooperative Marketing Act considered and applied; cooperative association not required to pay accumulation in patron's ledger account to estate of deceased member. Claassen, Executrix v. Farmers Grain Cooperative, 208 Kan. 129, 130, 490 P.2d 376.