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BRINEY v. TRI-STATE MUTUAL GRAIN DEALERS FIRE INS. CO.

No. 50653.

117 N.W.2d 889 (1962)

W. J. BRINEY, Appellee, v. TRI-STATE MUTUAL GRAIN DEALERS FIRE INSURANCE CO., Appellant.

Supreme Court of Iowa.

November 13, 1962.

Attorney(s) appearing for the Case

John D. Randall, Cedar Rapids, for appellant.

O. W. Lawrence, Cedar Rapids, and J. E. Heiserman, Anamosa, for appellee.

LARSON, Justice.

Plaintiff W. J. Briney seeks recovery from defendant Tri-State Mutual Grain Dealers Fire Insurance Company for a fire loss which occurred on October 23, 1958. He alleged in paragraph 6 of his petition "That the plaintiff has duly performed all the conditions and complied with all the conditions of the said policy to be performed on his part." In Division I "Defendant denies the allegations of Paragraph 6 of plaintiff's Petition." In Division II defendant...

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