Dairyland County Mutual Ins. Co. of Texas v. Mason

STEPHENSON, Justice.

This is an action upon an automobile insurance policy to recover the value of a damaged automobile. Plaintiff, Allen R. Mason, bought this policy of insurance written by defendant, Dairyland County Mutual Insurance Company of Texas, through its agent, C. R. Guy. Trial was before the court and judgment was rendered for plaintiff. No findings of fact or conclusions of law were made by the trial court. The parties will be designated here as they were in the trial court.

Plaintiff alleged, in substance: That by its previous conduct, custom and usage, defendant waived its right…