Consolidated Casualty Ins. Co. v. Fortenberry

(after stating the case as above).

1. The court defined the phrase “material inducement” the same as it was defined in H. W. Broaddus Co. v. Binkley, 126 Tex. 374, 88 S.W.(2d) 1040; Id. (Tex.Civ.App.) 54 S.W.(2d) 586. The same objection was here made by appellant to the definition as was made in that case. In an opinion by the Commission of Appeals, adopted by the Supreme Court, the definition, as applied to the facts of that case, was held not to be correct. We are unable to distinguish, as appellant seeks to do, this case from the Broaddus Case. Undoubtedly, one of the factors inducing…