Bays v. Farmers' Mutual Fire Ass'n of W. Va.

Maxwell, President:

• From a judgment against it for $1,093.17, the defendant prosecutes writ of error.

The action is for insurance on a barn destroyed by fire. The parties waived a jury and submitted the case to the court on the pleadings and an agreed statement of facts.

The defense is that there are material misrepresentations of fact in the application for the insurance in that the barn was therein represented to be of the size 56 feet by 56 feet and sixteen feet to the square, built in 1925 and covered with a metal roof, whereas in fact it was 46 by 56 feet and only twelve feet to the…