Otto Sumrall and Delores (Spears) Sumrall, His Wife v. Resolute Insurance Company

In a diversity action, Mr. and Mrs. Otto Sumrall sued Resolute Insurance Company in tort, alleging that fraud and misrepresentation of company agents had wrongfully caused the unlawful loss of certain real estate and personal property. There were other actors in the lengthy, badly tangled tragedy but none of them were sued. The case was tried to the District Judge, without a jury. His judgment was for the defendant. We affirm.

The law suit was directed solely against the appellee. As to it the focal issue was whether or not two individuals, Britt and Penton, were agents of the company, acting…