ALBERT v. HOME FIRE & MARINE INS. CO.


275 Wis. 280 (1957)

ALBERT and another, Appellants, vs. HOME FIRE & MARINE INSURANCE COMPANY OF CALIFORNIA and others, Respondents.

Supreme Court of Wisconsin.

March 5, 1957.


Attorney(s) appearing for the Case

For the appellants there were briefs and oral argument by A. L. Skolnik of Milwaukee.

For the respondents there was a brief by Bert Cotton of New York, N. Y., and Wolfe, O'Leary & Kenney of Milwaukee, and oral argument by Mr. Cotton and Mr. H. O. Wolfe.


FAIRCHILD, J.

Appellants assert that the circuit court should have received the testimony of Kaufman and Theodore Albert concerning the instructions orally given by Kaufman. Appellants apparently concede that an oral waiver would be ineffective under the terms of the policy, but urge that Kaufman's instructions set up an estoppel in pais.

Kaufman's instructions were vague. He said to use the "last fiscal inventory." There was no discussion as to when...

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