Finding—District Court of Appeal cannot Maes.—The making of findings of fact is within the exclusive province of the trial court, and the district court of appeal has no authority to make findings of its own.

Appeal by New Method—Review of Evidence—Omission to Give Notice of Entry of Judgment.—On an appeal taken under the provisions of section 941b of the Code of Civil Procedure, more than sixty days after the entry of judgment, the contention that the evidence is insufficient to sustain the findings may be examined, where it fails to appear that any notice of the entry of judgment had been served on the appellant.

Corporations—Oil Company—Authority of Officers—Cancellation of Written Contract.—The secretary and the field manager of an oil company have no authority to cancel a written contract entered into between the company and a third person for the sinking by the latter of an oil well on lands of the company.

Id.—Ratification of Unauthorized Cancellation—Knowledge of Directors.—Mere knowledge by a majority of the board of directors of the company of the attempted cancellation of the contract by such officers, without the directors doing anything with reference to the matter, did not amount to a ratification of the cancellation.

Id.—Formal Action of Directors Necessary to Ratification.—A ratification of the cancellation of the written contract could only be accomplished by a formal act of the board of directors.

Id.—Distinction Between Ratification and Estoppel to Deny Validity of Contract—Appellate Court cannot Make Finding of Estoppel.—There is a well-defined distinction between ratification of an agreement and facts constituting an estoppel of the parties thereto to deny its validity; and where there has been a finding, not supported by proof, of the ratification of such contract of cancellation, the appellate court cannot affirm the judgment founded thereon, if the facts tend to establish an estoppel in pais not found by the trial court.