FRASER, Justice.
This is an appeal from the District Court of Midland County, Texas, wherein plaintiff recovered a judgment against defendant for the sum of $660, and another item of $51.26, which was not contested. Trial was to the court, without a jury. The facts are as follows:
Defendant had called a man by the name of Epley in Midland, Texas, in the month of June, 1953, inquiring whether or not he should take out insurance against hail damaging his crop...
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