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GERMANIA FARM MUT. AID ASS'N v. ANDERSON

No. 4979.

463 S.W.2d 24 (1971)

GERMANIA FARM MUTUAL AID ASSOCIATION, Appellant, v. Bobby D. ANDERSON and Lavern Anderson, Appellees.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied February 4, 1971.

Attorney(s) appearing for the Case

Richard Spinn, Brenham, for appellant.

Byron L. McClellan, Gatesville, for appellees.

OPINION

WILSON, Justice.

Appellees' suit on a fire insurance policy issued by appellant was tried on a stipulation, the effect of which is that the sole issue is whether there is no evidence to support the jury verdict that the insured building was not "vacant".

The policy defined "vacant", as material here, as: that there is no person "living on the immediate premises continuously, as such person's main place of abode".

Mr. and Mrs. Anderson...

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