Commercial Union Ins. Co. of America v. Stanmike Investment Co.

OPINION

McDonald, Chief Justice.

This is an appeal by appellant Insurance Company from judgment of $35,000 in favor of appellees Stanmike, et al., the insureds, under a fire insurance policy, written by appellant on appellee’s building.

Appellees plead they were owners of a three story brick building in Vernon, Texas; that Appellant issued its fire insurance policy on such property for $35,000; that such policy was in full force and effect; that such property burned down on July 6, 1969; and prayed for judgment for $35,000. Appellees plead the building was vacant for more than 30 days prior to…