Trial—Omission to Make Finding—Absence of Evidence.—Where a defendant introduces no evidence in support of an allegation in his cross-complaint, he cannot complain of the failure of the court to make any finding in respeet thereto.

Corporations — Interlocking Directorate — Validity of Transactions—Ratification.—Where one corporation deals with another, and the same persons, constituting the majority of the directorate of each company, control the deal, there being no- actual or intended fraud, the transaction is not void but only voidable, and may be ratified by either party by conduct having that legal effect, and thereby made binding upon the party so ratifying it.

Id.—Contract to Purchase Land—Ratification by Minority Stockholders.—The right to claim that a contract for the sale and purchase of land made between two corporations, the majority of whose directors, officers, and stockholders are composed of the same persons, is invalid by reason of such fact, is waived and the contract ratified by the minority stockholders who pay assessments levied for the purpose of making payments on the contract, with full knowledge of the facts and without objection, and for thirteen years take no steps toward repudiation.

Id.—Ratification of Contract—Lapse of Time as Showing.—If a person entitled to avoid a contract on such ground is informed of the facts upon which his right rests, and thereafter delays taking any steps to avoid or repudiate the transaction until a period equal to the statute of limitations has expired, the presumption is that he has ratified it. Under some circumstances a much shorter time will justify the presumption.

Id.—Contract for Purchase of Land—Default by Vendee—Forfeiture—Tender of Deed.—Where a vendor under a contract for the sale of land allows all the payments to heeome past due, and thereafter accepts partial payments, the forfeiture is waived; the payment of the balance, and the execution of a deed, thereupon become dependent and concurrent conditions. Nonpayment alone does not put the vendee in default; the vendor must tender a deed as a condition to demanding payment of the price, and he cannot, without such tender, declare a forfeiture.

Id.—Action to Quiet Title—Tender of Deed to Defaulting Vendee.—In an action to quiet title by a vendor against his defaulting vendee, after the aeeeptanee of overdue payments, it is unnecessary for the vendor to tender a deed and demand payment of the balance of the purchase price, where the conduct of the vendee has been such as to amount to a waiver of such tender, or a refusal of performance in any event, or an abandonment of the contract.

Id.—Extent of Belief Awarded—Modification of Judgment.—In such form of action the plaintiff is not entitled to recover the balance due on the purchase price, and a provision in the judgment awarding him such relief will be modified on appeal.