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SOUTHEASTERN COLORADO CO-OP. v. EBRIGHT

No. 76-067.

563 P.2d 30 (1977)

SOUTHEASTERN COLORADO COOPERATIVE, Plaintiff-Appellee, v. Jack EBRIGHT and John Ebright, d/b/a Ebright Farms, Defendants-Appellants.

Colorado Court of Appeals, Div. II.

As Modified On Denial of Rehearing February 17, 1977.

Attorney(s) appearing for the Case

Andersen & Gehlhausen, S. Ford Andersen, Lamar, Mosley, Wells, Spence & Dean, James B. Dean, Denver, for plaintiff-appellee.

Johnson, McLachlan & DiCola, George McLachlan, Lamar, for defendants-appellants.

Head, Moye, Carver & Ray, Craig R. Carver, Denver, for Colorado Cooperative Council, amicus curiae.

Greg C. Hatfield, Englewood, David W. Dewey, Wichita, Kan., for Wichita Bank for Cooperatives, amicus curiae.

VAN CISE, Judge.

Plaintiff, Southeastern Colorado Cooperative (Coop), a nonprofit, nonstock, cooperative agricultural marketing association authorized to do business under § 7-56-101 et seq., C.R.S.1973, sued defendants, John and Jack Ebright, for goods sold and delivered. The Ebrights pled a set-off for accrued but unpaid patronage dividends and counterclaimed for the balance due. It was stipulated that any judgment in favor of the Coop would be against both...

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