Queen Insurance Co. v. Chadwick

KEY, Associate Justice.—

Opinion. — This is a suit upon a fire insurance policy, issued by appellant upon a dwelling house owned by appellee. The amount of the policy is $500, for which amount judgment was rendered for appellee. The policy contains the following stipulation: “This entire policy, unless otherwise provided by agreement endorsed hereon or added hereto, shall be void if a building herein described, whether intended for occupancy by owner or tenant, be or become vacant or unoccupied and so remain for ten days.”

The plaintiff testified as follows: “That about the '7th day of January,…