LANE v. TRAVELERS INDEMNITY COMPANY

No. 7598.

383 S.W.2d 955 (1964)

H. E. LANE, Appellant, v. The TRAVELERS INDEMNITY COMPANY, Appellee.

Court of Civil Appeals of Texas, Texarkana.

Rehearing Denied November 24, 1964.


Attorney(s) appearing for the Case

Sidney Lee, Texarkana, for appellant.

Cahill Hitt, Norman Russell, Atchley, Russell, Hutchinson & Waldrop, Texarkana, for appellee.


FANNING, Justice.

H. E. Lane sued The Travelers Indemnity Company to recover for a fire loss, defendant insurance company having previously issued a fire insurance policy to plaintiff Lane. Defendant, among other defenses, alleged that the policy contained a contractual warranty that the premises were to be used as a tenant dwelling, when in fact they were used for other purposes.

A jury answered the special issues submitted to it. The trial court rendered...

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