Osborn v. Wheat Growers Mutual Hail Insurance

The opinion of the court was delivered by

Price, J.:

This is an action against a mutual hail insurance company to recover for hail damage to a growing crop of pinto beans. Recovery was originally sought under two causes of action. From an order overruling a demurrer to the second cause of action defendant appealed to this court. We reversed that ruling in Osborn v. Wheat Growers Mutual Hail Ins. Co., 172 Kan. 706, 242 P. 2d 1084.

To the remaining first cause of action, the allegations of which are summarized in our former decision, defendant filed its answer and cross-petition. The answer…