Franklin Fire Ins. Co. v. Britt

(after stating the facts as above). The facts conclusively show that T. B. Britt was the sole owner of the automobile, and that J. T. Britt was only acting as the agent of T. B. Britt in making the contract of insurance. The evidence is conflicting as to whether or not the insurance company, acting through its soliciting agent, had knowledge of the agency at the time of making the contract of insurance. Can T. B. Britt sue upon the policy and prove by parol evidence that the indemnity was made for his benefit? Under the law of agency, where an agent, in making a contract, acts in his own…