Jones v. Insurance Co.

The fire policy issued by the defendant company on lumber owned by the complainants, contained in its written part a warranty that a' continuous clear space of 150 feet should be maintained between the lumber insured and the saw-mill, dry-kiln, or any wood-working or manufacturing establishment, and that said space should not be used for the handling or piling of lumber *605thereon. This warranty was untrue when made and untrue when the insured property was burned by fire communicated from a saw-mill within the space provided for. The contract of insurance is a conditional one. If no risk…