Gutner v. Switzerland General Ins. Co. of Zurich

(after stating the facts as above). Since the trial court found unworthy of belief the evidence tending to show that the binder sued upon was not written according to the plaintiffs’ application, we need concern ourselves no further with the plaintiffs’ claim on argument concerning the effect of such evidence. Without this, it would be well to bear in mind that the plaintiffs have seen lit to bring this suit at law to enforce the terms of the binder as written, rather than to take any appropriate measures to have the writing reformed.

Accordingly, the outcome of this appeal depends upon the…