JANSON v. GEN. MUT. FIRE INS. AND REINS. CO.


366 Pa. 229 (1951)

Janson, Appellant, v. General Mutual Fire Insurance and Reinsurance Co.

Supreme Court of Pennsylvania.

January 2, 1951.


Attorney(s) appearing for the Case

Abe J. Goldin, with him M. Stuart Goldin and Goldin & Goldin, for appellants.

A. Bernard Hirsch, for appellee.

Before DREW, C.J., STEARNE, JONES, LADNER and CHIDSEY, JJ.


OPINION BY MR. JUSTICE ALLEN M. STEARNE, January 2, 1951:

The appeal is from a judgment for defendant in a suit against a fire insurance company upon its insurance policy. The answer to a question of law is determinative of the issue, viz.: whether there was a breach of warranty concerning the use of the building insured.

Item 1 of Form No. 4, attached to and forming part of the fire insurance policy, titled "Building and Contents Form", provides as follows...

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