North River Ins. v. Corsicana Warehouse Co.

Appellee sued appellant upon a policy of fire insurance for $4,000 covering a cotton warehouse in Cor-sicana. The case was tried to the court, and judgment was rendered for appellant for the full amount of the policy. The writ of error is to review this judgment. The parties will be designated appellant and appellee.

The contentions in the case are substantially as follows:

Appellant contends (1) that the evidence conclusively shows that it is entitled to have the policy corrected on the ground of mutual mistake and to have attached thereto a rider known as “Distribution Average Clause,” which…