Lewis v. Minnesota Mutual Life Insurance

— The original majority opinion in this case was filed December 14, 1948. There was a dissent, and later, on application, a rehearing was granted. We herein reaffirm the original opinion with supplemental comments, all of which are embodied in the present opinion. The original opinion is therefore withdrawn and this opinion is substituted for it.

Plaintiff seeks recovery of damages for claimed breach of a contract of agency entered into between the plaintiff and the defendants. It is his contention that the written contract which he had with the Minnesota Mutual Life Insurance Company and T.…