Frieze v. West American Ins. Co

COLLET, Circuit Judge.

Appellee, West American Insurance Company, instituted this action seeking a Declaratory Judgment that a certain automobile insurance policy issued by it to Gerald Forrest and his wife, Dorothy Forrest, had been cancelled. From a judgment holding that the policy had been cancelled this appeal is prosecuted.

Gerald and Dorothy Forrest purchased a used car from a used car dealer in California where they were living. A conditional sales contract was executed by them at the time of purchase which provided that the balance due on the purchase price should be paid in…