Dobrauc v. Concordia Fire Insurance

The opinion of the court was delivered by

Hutchison, J.:

The questions here involved are variance or departure of the proof from the pleadings and waiver as applied to both parties. The appeal is by the defendant fire insurance company from a judgment rendered against it upon the findings made by the trial court in an action upon one of its policies.

The errors assigned are concerning the refusal of the court to *298strike out certain testimony tending to show an agreement to pay the loss because such agreement had not been specifically pleaded; the overruling of defendant’s demurrer to plaintiff’s…