Title 2, Chapter 10, Section 101
( 2-10-101)
(a) The association and its members may make and execute marketing
contracts requiring the members to sell, for any period of time not
over ten years, all or any specified part of their agricultural
products or specified commodities exclusively to or through the
association or any facilities to be created by the association. The
contract may provide that the association may sell or resell the
products of its members, with or without taking title thereto, and
may pay over to its members the resale price, after deducting all
necessary selling, overhead, and other costs and expenses, including
(1) dividends on preferred stock and reserves for retiring the
stock, if any; (2) other proper reserves; (3) dividends not
exceeding 8 percent per annum upon common stock; and (4) other items
deemed proper. (b) The bylaws and the marketing contract may fix, as liquidated
damages, specified sums to be paid by the member or stockholder to
the association upon the breach by him of any provision of the
marketing contract regarding the sale, delivery, or withholding of
products and may provide that the member will pay all costs,
premiums on bonds, expenses, and fees in case any action is brought
upon the contract by the association. Any such provisions shall be
valid and enforceable in the courts of this state. (c) In the event of any breach or threatened breach of a marketing
contract by a member, the association shall be entitled to an
injunction to prevent the further breach of the contract and to a
decree providing for the specific performance thereof. Pending the
adjudication of such an action, upon the filing of a verified
petition showing the breach or threatened breach and of a sufficient
bond, the association shall be entitled to a temporary restraining
order and preliminary injunction against the member. |