136 Iowa 258 | Iowa | 1907
On July 1, 1895, plaintiff procured a policy of insurance on his property for five years in the defendant company. Not long before the expiration of this
The argument that a court of equity cannot make a new contract for the parties is foreign to the question under consideration. The court is not asked to make a new contract for the parties, but to make the policy conform to the real contract, and in enforcing the policy as reformed the court is simply carrying out the contract made, and giving the plaintiff relief to which he was entitled under such contract.
The decree of the lower court is therefore affirmed.