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FRED C. WALKER AGENCY, INC. v. LUCAS

211 S.E.2d 88 (1975)

215 Va. 535

FRED C. WALKER AGENCY, INC., and the Aetna Casualty & Surety Company v. Clarence E. LUCAS and Mildred D. Lucas.

Supreme Court of Virginia.

January 20, 1975.

Attorney(s) appearing for the Case

Henry H. Whiting, Winchester, Talmage N. Cooley, Waynesboro (Kuykendall, Whiting & Costello, Winchester, Edmunds, Freed, Cooley & Willetts, Waynesboro, on briefs), for plaintiffs in error.

Robert Scott Janney, Luray (Roby G. Janney, I. Randolph Dovel, Luray, on brief), for defendants in error.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, HARMAN, POFF and COMPTON, JJ.

COMPTON, Justice.

The question for decision in this law action, wherein recovery is sought for an alleged breach of an oral contract to renew a fire insurance policy, is whether the plaintiffs' evidence was incredible and so manifestly false that reasonable men ought not to believe it.

On November 18, 1971, a dwelling owned by the plaintiffs, Clarence E. Lucas and Mildred D. Lucas, located in Shenandoah, Virginia, was damaged by fire. Thereafter, the plaintiffs...

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