Kohn v. Fire Association of Philadelphia

The appeal is from an order striking out an affirmative defense. The complaint is to reform a fire insurance policy and recover for a loss thereunder.

The substance of the allegations on this feature may be stated thus: Plaintiff was the owner of a grain elevator and equipment on the right of way of the Soo line at Bowlus, Minnesota, and, on September- 4, 1924, entered into a contract to sell the same to one H. N. Lnnde for $6,000. Lnnde paid $500 at that time and was to pay the balance in monthly instalments, title to the property to remain in plaintiff until the whole purchase price was…