OKLAHOMA FARM BUREAU MUTUAL INSURANCE CO. v. Lay

BLACKBIRD, Justice.

This appeal arises out of an action by defendant in error, hereinafter referred to as plaintiff, against plaintiff in error, hereinafter referred to as defendant, to recover under the terms of a fire insurance policy previously issued to said plaintiff by said defendant, the cost (among other things) of replacing a small frame house in Sayre, Oklahoma, owned by plaintiff, that was almost totally destroyed by fire on the night of February 18, 1960.

Plaintiff’s petition filed in the action, which was not commenced until September, 1961, alleged, among other things in…