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WEAVER v. HARTFORD FIRE INS. CO.

No. 37,612

168 Kan. 80 (1949)

211 P.2d 113

G.E. WEAVER, Appellee, v. HARTFORD FIRE INSURANCE CO., Appellant.

Supreme Court of Kansas.

Opinion filed November 12, 1949.

Attorney(s) appearing for the Case

Wayne Coulson, of Wichita, argued the cause, and Howard T. Fleeson, Homer V. Gooing, Paul R. Kitch, Dale M. Stucky and Donald R. Newkirk, all of Wichita, were with him on the briefs for appellant.

Eugene L. Pirtle, of Wichita, argued the cause, and Vincent F. Hiebsch, Milton Zacharias, Kenneth H. Hiebsch and J.R. Sheedy, all of Wichita, were with him on the briefs for appellee.

The opinion of the court was delivered by

PRICE, J.:

This is an action on an automobile insurance policy to recover for damage to a 2,250 gallon tank alleged to be equipment of a newly purchased truck in substitution for the truck described in the policy. Plaintiff insured recovered and defendant company has appealed. The facts are not in controversy and are as follows:

On April 2, 1946, plaintiff, being the owner of a 1939 Ford tank-truck,

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