Legal Opinion

Fidelity-Phenix Fire Ins. Co. v. School Dist. No. 10

Supreme Court of Oklahoma

Decided March 8, 1921No. 9918PublishedCited by 7 opinions

Error from District Court, Johnston County; J. H. Linebaugh, Judge. . Action by School District No. 10, Johnston County, against the Fidelity-Phenix Fire Insurance Company, a corporation, to recover damages for loss sustained by a fire which destroyed the school building and fixtures of the plaintiff, because of the breach of an oral contract with the agent of the defendant insurance company, in which contract the agent of defendant had orally agreed to issue a policy of…

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Error from District Court, Johnston County; J. H. Linebaugh, Judge. . Action by School District No. 10, Johnston County, against the Fidelity-Phenix Fire Insurance Company, a corporation, to recover damages for loss sustained by a fire which destroyed the school building and fixtures of the plaintiff, because of the breach of an oral contract with the agent of the defendant insurance company, in which contract the agent of defendant had orally agreed to issue a policy of insurance on the school building and fixtures and had neglected so to do. Judgment for the plaintiff. Defendant appeals.

1Opinion of the CourtMiller, J.

In this action school district No. 10 of Johnston county, Oklahoma, plaintiff, alleged that the defendant, Fidelity-Phenix Fire Insurance Company, a corporation, by and through its agent, J. F. Pate, orally agreed to renew a certain policy of insurance known as policy No. 1100, on the school building, furniture, and fixtures of the plaintiff, located at Ravia, Oklahoma. That policy No. 1100 had been issued by the said J. F. Pate as agent of the defendant company, on April 28, 1915, for a period of one year, expiring on the 28th day of April, 1916, at 12 o’clock noon of said day. That the…

2Cases cited44 opinions

  1. Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
  2. Trustees of the First Baptist Ch. v. . Brooklyn Fire Ins.New York Court of Appeals · 1859
  3. Ayres v. Hartford Fire InsuranceSupreme Court of Iowa · 1864
  4. Commercial Mutual Marine Insurance v. Union Mutual Insurance Co.Supreme Court of the United States · 1857
  5. City of Davenport v. Peoria Marine & Fire InsuranceSupreme Court of Iowa · 1864

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3Cited by7 opinions

  1. McIver v. KatsiolisSupreme Court of Oklahoma · 1923
  2. Thompson v. HashbargerSupreme Court of Oklahoma · 1922
  3. Lancaster v. St. Louis & S. F. Ry. Co.Supreme Court of Oklahoma · 1927
  4. National Liberty Insurance Co. of America v. JonesSupreme Court of Virginia · 1936
  5. Tinker v. ScharnhorstSupreme Court of Oklahoma · 1928

2 more not listed; retrieve them via the Exa API.

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