§ 15-12-1-35 — Remedies for breach of contract

Indiana § 15-12-1-35

• Jurisdiction: Indiana
• Art. 12: AGRICULTURAL ASSISTANCE
• Ch. 1: Agricultural Cooperatives

Text

(a) The bylaws or a marketing contract of an
association may do the following:
(1) Fix, as liquidated damages, specific amounts to be paid by the
members or stockholders to the association upon the breach of
any provision of the marketing contract regarding the sale,
delivery, or withholding of products.
(2) Provide that the contracting member will pay all costs,
premiums for bonds, expenses, and fees if any action is brought
upon the contract by the association.
A provision described in this subsection is valid and enforceable, and
a clause providing for liquidated damages is enforceable and is not
regarded as a penalty.
(b) If there is a breach or threatened breach of a marketing contract
regarding the sale, delivery, or withholding of products by a member,
the association is entitled to:
(1) an injunction to prevent the further breach of the contract; and
(2) a decree of specific performance of the contract.
(c) Pending the adjudication of an action under subsection (b) and
upon:
(1) filing a verified complaint showing the breach or threatened
breach; and
(2) filing a sufficient bond;
the association is entitled to a temporary restraining order and
preliminary injunction against the member.
(d) Subsections (a), (b), and (c) are applicable to, and the rights and
remedies described in subsections (a), (b), and (c) are available to, any
corporation that is organized under any agricultural cooperative law of
any other state of the United States and is admitted to do business in
Indiana.
(e) A grower of agricultural products that signs a marketing
agreement with a cooperative marketing association organized under
this chapter is permitted to place crop mortgages on the grower's crops.
However, the crop mortgages and other liens are subordinate to the
right of the association to take delivery of any such crops covered by
the marketing agreement. In such cases, if the mortgagee or lien holder
serves proper notice on the association, the proportionate proceeds due
or payable to that grower become subject to the mortgages or liens
instead of the crops originally covered by the mortgages or liens. If any
deficiency remains at the end of the season, the grower is liable for the
deficiency under the present practice, and the mortgagee or lienholder
has the same rights against the grower for the deficiency as the grower
possesses.
[Pre-2008 Recodification Citation: 15-7-1-16.1.]

Legislative History

As added by P.L.2-2008, SEC.3.