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fTlOTRnUSKB VflLLEM FQRfHERS COOPERflUflG RSS'R HEUUS
VOL. 13
Valley Settler
January 13,1950
To. 2
SEED‘5. FERTILIZER
REQUESTS DUE
Tiie dead line, on the Seed and Fer
tilizer requests which were nailed
out to the farmers in December are
due. If you wish seed and ferti
lizer for your planting this- spring
you must get those forms in by the
.20th, Darrell Frank, I'anager of the
Warehouse, said this week.
ORUER Bf)6LJ CHICKS IIOUJ
If you wish to have your Baby •
chicks here in April or by the
first of May, you must have your
orders in at the Warehouse by Feb..
1, Darrell Frank announced this
week.
SUMMARY' OF OPINION
RENDERED IN ROACH
r asp
Following is a summary of the Deci
sion of Judge Dinond in the Roach
Vs. I1VFCA case}
The plaintiff, L.D^Rocch, as guard
ian of Arno Lj.ebscher, an insane
person, brought suit against’ the II,.
V.F.C.A. praying for general equit
able relief with respect to a lease
covering all of the property of the
ward, situated in the City of Anch
orage, made by the former guardian,
James R. Campbell, now deceased.
1. The plaintiff claimed that the
lease was made to run for a term of
15 years and the then guardian was
without power to execute a lease;
2. that the then guardian was ill
and mentally incompetent to transact
business and v/as overpersuaded by
the defendant in making the lease;
3. that the lease had become oppres
ive; 4 that the lease was now null
and void because the defendant had
failed to pay an installment of the
rent on or before the date due, and
that the defendant failed to keep
the buildings adequately insured.
At the time that Campbell was appoin
tod Guardian cont. on page 8_
miLK HERRinG held
Last Monday at 1:00 p.m. the Hearing
concerning the Co-op milk injunc
tions was held in Judge Anthony
Dimond's Court. The Co-op is asking
that Arthur Holbrook, Frank McAllis
ter, A,A. Rempel, Leonard I'of.fltt,
jErnest H rrington and Arvid Johnson
be enjoined from shipping to any
other purchaser of milk as long as
they are Producer members of .the Co
op. The six defendents, through
their attorney, ‘.endell Kay, claimed
that they are no longer bound by the
Contract for one or more of the fol
lowing reasons:
1. They were signers on a petition
dated March 11, 1948, in v.’hich they
gave notice that they were terminat
ing their marketing,contract unless
a lease agreement was signed between
the Matanuska Valley Dairymen Asso
ciation and the K.V.F.C.A, for the
Dairy and Creamery facilities by
March 15, 1946.
2. They state that by the "Co-oper
ative Mi rketing Association Act of
1935"..that they cannot contract for
more than a 10 year period. Several
of the defendant's contracts were
older than that.
3. They claim that the M.V.F.C.A.
did not live up to its contract to
the dairymen in 1945 and 1946 and
therefore they arc no longer bound.
The Co-op’” Attorney, Edward D. vis,
answered those charges by pointing
out that:
1. Negotiations for a sale or lease
were continued until as late as No
vember 1948. That the members could
not just automatically terminate
their contracts, particularly when
that termination was only under cer
tain conditions. That these members
continued to participate in Co-op
affairs as members after they claim
to have terminated themselves.
2. Our Association is organized under
the Co-operative association Act of
1917 which does not Cpnt. on p. 5