The opinion
OPINION ON REHEARING.
Smith, J. In the petition for rehearing it is pointed out that no testimony was offered in support of the allegations of the complaint in the suit filed by R. E. Short, and it is insisted therefore that this case at least should be reversed and dismissed. It appears, however, as has been said, that all these cases were consolidated and were tried together, and the evidence of the various witnesses was considered, so far as it was relevant, in all of the cases. This being true, the testimony should be considered in the Short case, and the testimony which establishes the cases of the other plaintiffs also established the case of the plaintiff Short. There was no question as to the quantity of his rice or its classification as made by the report of the appellant company in the account of sale, and the general finding made by the court below, and affirmed by us, inures to Short’s benefit.
We have been asked to designate specifically the plaintiffs who should be charged with the association dues and the advertising fees if it be found, on the remand of the cause, that the company is entitled to recover on this account, and we do so.
The following persons were members of the association: O. W. Hewitt, Henry Schaefer, George Heuckle, C. C. Brown.
In addition, it appears that R. E. Short and the Goodwin Rice & Stock Farms borrowed money from the company and executed notes which directed and authorized the company to mill their rice in accordance with the terms of the contract between the company and the association, and these plaintiffs will therefore be classed in this respect with the association members.
It appears also that the Murphy-Legg Company executed in writing an agreement for a toll charge in accordance with the association contract, and that the rice of the Gates estate was ordered milled in accordance with that agreement. These two plaintiffs will therefore be also classed with the association members -in respect to those items.
In all other respects the petition for rehearing will be overruled.