274.210. Marketing contracts--enforcement. - Missouri Statutes

Marketing contracts--enforcement.

274.210. 1. The bylaws or the marketing contract may fix,as liquidated damages, specific sums to be paid by the members tothe association upon the breach by him of any provision of themarketing contract regarding the sale or delivery or withholdingof products; and may further provide that the member will pay allcosts, premiums for bonds, expenses and fees, in case any actionis brought upon the contract by the association; and any suchprovisions shall be valid and enforceable as such and shall notbe regarded as penalties.

2. In event of any such breach or threatened breach of suchmarketing contract by a member, the association shall be entitledto an injunction to prevent the further breach of the contractand to a decree of specific performance thereof. Pending theadjudication of such an action and upon filing a verifiedcomplaint showing the breach or threatened breach, and uponfiling a sufficient bond, the association shall be entitled to atemporary restraining order against the member.

3. In any action upon such marketing agreement, it shall beconclusively presumed that landowner or landlord or lessor isable to control the delivery of products produced on his land bytenants or others, whose tenancy or possession or work on suchland or the terms of whose tenancy or possession or labor thereonwere created or changed after execution by the landowner orlandlord or lessor, of such a marketing agreement; and in suchactions the foregoing remedies for nondelivery or breach shalllie and be enforceable against such a landowner, landlord orlessor.

(RSMo 1939 § 14349, A. 1949 S.B. 1098)

Prior revision: 1929 § 12691