O.C.G.A. § 2-10-101 (2019)
Marketing contracts authorized; provisions; liquidated damages; injunctions and restraining orders; specific performance
(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.
History
Ga. L. 1921, p. 139, § 15; Code 1933, § 65-215; Ga. L. 1980, p. 924, § 1.
Annotations
JUDICIAL DECISIONS Where an action is against corporation and all its members, the petition should be dismissed on the ground of misjoinder of parties. Mitcham v. Citizens Bank, 34 Ga. App. 707, 131 S.E. 181 (1925), aff ’d, 163 Ga. 796, 136 S.E. 798 (1927). Attorney’s fees. - Ga. L. 1921, p. 139, § 15, properly construed, authorizes parties contracting in pursuance of the stat-
ute to stipulate for the payment of attorney’s fees by the member to the association, in the circumstances therein stated. No prior notice of intended suit is requisite to a recovery of such fees in an action for breach of the contract. Former Civil Code 1910, § 4252 (see now O.C.G.A. § 13-1-11) was not applicable. Brown v. Georgia Cotton Growers Coop. Ass’n, 164 Ga. 712, 139 S.E. 417 (1927).
RESEARCH REFERENCES Am. Jur. 2d. - 18 Am. Jur. 2d, Cooperative Associations, § 30 et seq. C.J.S. - 3 C.J.S., Agriculture, § 185 et seq. ALR. - Cooperative marketing of farm products by producers’ associations, 25
A.L.R. 1113; 33 A.L.R. 247; 47 A.L.R. 936; 77 A.L.R. 405; 98 A.L.R. 1406; 12 A.L.R.2d 130. Construction and effect of cooperative farm or dairy products agreement with respect to association’s charges and de-
ductions for gathering, grading, processing, shipping, and marketing the products, 90 A.L.R.2d 1142. Cooperative associations: validity and enforceability of bylaw amendment reduc-
ing benefits available to members, 61 A.L.R.3d 976. Liability of member or former member of marketing or purchasing cooperative for its debts or losses, 96 A.L.R.3d 1243.