Springfield Fire & Marine Ins. v. Whatley

WILDSON, O. J.

(after stating the facts as above). The first of the contentions presented by the propositions in the insurance company’s brief, to wit, that ike trial court should have instructed the jury to return a verdict in its favor, is predicted upon testimony showing conclusively that the stipulation in the policy as to the ownership of the property, set out in the statement above, was violated. We agree that it appeared without dispute in the testimony that Whatley was not the sole and unconditional owner of the property, and further that an agreement waiving the stipulation reférred…