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PARAMOUNT FIRE INS. CO. v. AETNA CASUALTY & SURETY CO.

No. A-8459.

353 S.W.2d 841 (1962)

PARAMOUNT FIRE INSURANCE COMPANY, Petitioner, v. AETNA CASUALTY & SURETY COMPANY, Respondent.

Supreme Court of Texas.

Rehearing Denied February 28, 1962.

Attorney(s) appearing for the Case

Strasburger, Price, Kelton, Miller & Martin, Royal H. Brin, Jr., with above firm, Dallas, for petitioner.

Johnson, Guthrie & Stanfield, Dallas, for respondent.

GREENHILL, Justice.

This case is an appeal from a summary judgment. The question is one of first impression in Texas and involves the liability of two insurance companies, each issuing a policy covering improvements which were destroyed by fire.

On July 17, 1957, the heirs of Mrs. R. L. Cameron entered into a written agreement labeled "Contract of sale and receipt for earnest money," whereby the seller(s) "sells and agrees to convey" and the purchaser(s),...

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