The Home Insurance Company v. Thurmond Tanner

HUTCHESON, Chief Judge.

This appeal from a judgment entered in a cause tried to the court without a jury presents a single question of law. This is whether, under Georgia law, a parol agreement to make a new contract of fire insurance, by attaching to an existing policy an endorsement increasing the limits of liability, is valid so as to give rise to an actionable claim in tort or contract for the damages resulting from its breach.

The question comes here in this way. Appellee, Thurmond Tanner, filed his complaint against appellant, The Home Insurance Company, seeking in equity to reform a…