Great American Ins. Co. v. Dover

On a former apper1 the judgment was reversed for error in overruling the defendant’s demurrers to the plaintiffs’ replication to plea 6, alleging a breach of warranty embodied in the policy that the dwelling house “did not contain a brick on edge flue,” in that “at the time of the issuance of said policy and for a long period during the term of the policy said frame building * * * did contain a brick on edge flue,” which fact increased the risk of loss. Great American Insurance Co. v. Perry Dover et al., 219 Ala. 530, 122 So. 658.

Another defense asserted by defendant’s plea 2 on both trials…