No. A-9532.

370 S.W.2d 448 (1963)

Mrs. A. L. SMITH, Petitioner, v. EAGLE STAR INSURANCE CO. Ltd, Respondent.

Supreme Court of Texas.

Rehearing Denied October 2, 1963.

Attorney(s) appearing for the Case

Calloway Huffaker, Harold Green, Tahoka, for petitioner.

Key, Carr & Clark, Aubrey J. Fouts, Lubbock, for respondent.

HAMILTON, Justice.

This is a suit to recover on a fire insurance policy for the loss of a house brought by Mrs. A. L. Smith, petitioner, against Eagle Star Insurance Company, Ltd., respondent. Judgment was for the petitioner in the trial court. The Court of Civil Appeals reversed and rendered judgment for respondent insurance company. 365 S.W.2d 23. Mrs. Smith has appealed to this court.

Both parties filed motions for summary...

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