Lee v. &198tna Ins. Co.

(after stating the facts as above). The stipulations in the policy and notes being valid (North River Ins. Co. v. Reeder [Tex. Civ. App.] 288 S. W. 257; Equitable Life Assur. Society v. Ellis, 105 Tex. 526, 147 S. W. 1152, 152 S. W. 625), and it conclusively appearing in the evidence that appellant had not paid the note due November 1, 1926, at the time the property was destroyed by the windstorm of May 9, 1927, the judgment is not erroneous, unless it appeared that there was evidence warranting a finding that appellee waived the right it had to invoke the violation of the stipulations as a…