#### Andrew J. Getz, Appellee, v. Western Laboratories, Appellant.

Gen. No. 23,213.

(Not to be reported in full.)

Appeal from the Municipal Court of Chicago; the Hon. John P. Haas, Judge, presiding.

Heard in the Branch Appellate Court at the March term, 1917.

Reversed.

Opinion filed March 12, 1918.

Abstract of the Decision.

1. Contracts, § 289 * —when contract terminable at will by either party. Where an agreement between certain members of a voluntary association and a corporation, which provides for the purchase of a share of stock in the corporation and a deposit with the corporation of a certain amount in cash or merchandise by each member, fixes no time for its termination, it may be terminated at the will of either of the parties.

2. Associations, § 6*—when corporation liable to association and not to individual members thereof on contract. By an agreement between the majority of the members of a voluntary association and a corporation it was stipulated that each of such members would buy a share of stock in the corporation and also deposit with the corporation $100 in cash or the equivalent in merchandise, *7which was to be kept by the corporation as a separate account and used only to purchase such supplies as the association should from time to time direct. The corporation agreed to carry goods which had theretofore been carried by the association and to sell them to members at cost plus 2 per cent. In an action by a member against the corporation to recover the value of goods deposited by him under the agreement, held that the liability of the corporation, if any, was to the association and not to the individual members.

*6Statement Of the Case.

Action by Andrew J. Getz, plaintiff, against Western Laboratories, a corporation, defendant, to recover goods deposited with defendant under a contract. From a judgment for plaintiff for $90.86, defendant appeals.

Cruice & Langille, for appellant.

B. C. Merrick, for appellee.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Justice Matchbtt

delivered the opinion of the court.