BUFFALO INSURANCE COMPANY v. BEST

No. 3365.

312 S.W.2d 270 (1958)

BUFFALO INSURANCE COMPANY, Appellant, v. Jimmy BEST et al., Appellees.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied April 11, 1958.


Attorney(s) appearing for the Case

McMahon, Smart, Walter, Sprain & Wilson, Abilene, for appellant.

Ratliff & Ratliff, Haskell, Smith, Bickley & Pope, Abilene, for appellee.


GRISSOM, Chief Justice.

Jimmy Best, as the insured, and Commercial Credit Corporation, as mortgagee, obtained a judgment against Buffalo Insurance Company on a policy insuring Best's automobile, which was destroyed by fire. The insurer defended on the ground that a provision of the policy had been violated. The substance of said provision is that such a policy had not been cancelled within three years before Buffalo issued this policy. In a trial to the court judgment...

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