Cobbs v. Fire Ass'n

A motion for • a rehearing was made in this case for the reason that in the opinion handed down it was stated:

“ Whether a waiver is made out or not is a question for the-jury. * * * The question of waiver was properly submitted to the jury under the testimony;” —

While the record shows that no question of waiver was submitted to the jury. What the opinion states is that—

“A waiver may be proved indirectly, by circumstances, as well as by direct testimony; and whether a waiver is made out or not is a question for the jury.”

*466The opinion is erroneous in stating that the question of waiver was…