Columbia Fire Insurance v. Tatum

Grady Tatum brought suit against Columbia Fire Insurance Company on a policy of insurance, claiming a loss thereunder. The petition alleged a full compliance with' all the terms of the policy. On the trial the evidence introduced by the plaintiff disclosed a waiver both as to the fee-simple-title clause and as to the giving of notice. No objection was interposed to the introduction of this evidence. At the conclusion of the plaintiff’s case the *477defendant made a motion for a nonsuit, on the ground that the petition alleged compliance with the terms of the policy rather than a reason for…