Brown

This action was commenced in the superior court of Glenn county to recover damages for the alleged breach rof an agreement, entered into between the parties, giving the plaintiff an option to purchase certain lands in that county between certain dates at a stated price.

It is alleged in the complaint that the defendant is a corporation organized and existing under the laws of this state as a banking corporation, and at all the times mentioned in the complaint was, and now is, “doing a general banking business in the said state of California, and in the county of Glenn thereof,” and that “on or about the twenty-first day of April, 1896, the above plaintiff and defendant, at and in the said county of Glenn, California, made and entered into” the said agreement.

The answer admits that defendant is a corporation organized under the laws of this state, and alleges that it was and is incorporated under the act of the legislature entitled, “An act to provide for the formation of corporations for the accumulation and *649 investment of funds and savings,” approved April 11, 1863, and the acts amendatory thereof and supplementary thereto; and that since its organization and incorporation…