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JONES v. ST. PAUL FIRE & MARINE INS. CO.

No. 9579.

118 F.2d 237 (1941)

JONES v. ST. PAUL FIRE & MARINE INS. CO.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied April 4, 1941.

Attorney(s) appearing for the Case

Austin Y. Bryan, Jr., of Houston, Tex., and Dan MacDougald, of Atlanta, Ga., for appellant.

W. L. Kemper, of Houston, Tex., and L. E. Elliott, of Dallas, Tex., for appellee.

Before FOSTER, HOLMES, and McCORD, Circuit Judges.

FOSTER, Circuit Judge.

This case may be somewhat briefly stated. Homer Jones, operating a cotton warehouse under the name of Farmers & Merchants Warehouse Company, brought suit to reform a contract of fire insurance, issued to him by St. Paul Fire & Marine Insurance Company, and to recover for destruction by fire of cotton covered by the policy.

The insurer defended on the grounds (1) that there was no meeting of the minds and no contract resulted...

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