132 P. 819 | Okla. | 1913
This is a suit on an insurance policy for fire loss. The contract of insurance was entered into on May 25, 1908. The insured goods were destroyed by fire on the 9th day of November, 1908. Proper proofs of loss were made within the time provided in the policy. The suit was brought January 9, 1910. At a trial held later the insurance company objected to the introduction of any testimony in the case, which objection was sustained by the court, the petition being dismissed with prejudice. From this judgment the plaintiffs below bring error.
The refusal to receive evidence under the petition was upon the ground that the right to maintain the action was barred by a certain provision of the contract of insurance.
The facts in this case are identical with those of Keys Keys v. Williamsburg City Fire Insurance Co., post,
The cause should be reversed and remanded, with instructions to grant a new trial.
By the Court: It is so ordered. *482