Gilmore v. Lycoming Fire Ins. Co.
California Supreme Court
Appeal from a judgment for the plaintiff, and from an order denying a new trial, in the Seventeenth District Court, County of Los Angeles. Sepulveda, J. The facts are stated in the opinion.
1Opinion of the Court
McKinstry, J.:
The demurrer to the complaint should have been sustained. Where a party relies upon a contract in writing, and it affirmatively appears that all the terms of the contract are not set forth in hcec verba, nor stated in their legal effect, but that a portion which may be material has been omitted, the complaint is insufficient. Here the plaintiff alleges that, for sufficient consideration, the parties entered into a contract of insurance, a copy ■whereof is annexed as part of the complaint. The policy contains the provision following:
“ Sum insured, $650. Time, one year. Bate, 3.50…
2Cases cited1 opinion
- Rufus Bobbitt v. . Liverpool and London and Globe Ins.Supreme Court of North Carolina · 1872
3Cited by15 opinions
- Travelers Insurance v. SheppardSupreme Court of Georgia · 1890
- Sutliff v. E. Seidenberg, Stiefel, & Co.California Supreme Court · 1901
- Performance Plastering v. Richmond American Homes of California, Inc.California Court of Appeal · 2007
- Altman v. PNC MortgageDistrict Court, E.D. California · 2012
- Supreme Lodge of Knights of Honor v. WollschlagerSupreme Court of Colorado · 1896
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