El Dorado National Bank v. Coca-Cola Bottling Co.

The opinion of the court was delivered by

Hutchison, J.:

The appeal in this case is by a corporation brought into the case on request of the original defendant and from a judgment rendered against it upon a cross petition filed by the original defendant based upon a written contract, the defenses being that the contract was never performed by the party seeking to enforce it, that the condition under which it was executed was not performed and that it was ultra vires. The case was tried to *273the court without a jury. Extended findings of fact were made and conclusions of law were stated.

The…