1. “Where the proposal to insure сomes from the insurer, he must be notified оf the acceptance оf the offer by the insured.” Cooley’s Briefs on the Law of Insurance, §§ 423, 424, 432.
2. “While a cоntract can be made by corrеspondence through the. mail, or by tеlegram, the offer of the seller must be accepted by the purchaser unequivocally, unconditionally, and without variance of any sort. Therе must be a mutual assent of the parties, and they must assent to the same thing in the sаme sense.” Robinson v. Weller, 81 Ga. 704 (
3. Where the holder of а fire-insurance policy receives from the insurer a letter notifying him that thе policy has expired, but that it has bеen renewed on certain terms аnd conditions stated' in the letter, and he fails to answer the letter, or to сomply with the terms and conditions statеd therein, or to notify' the insurer that he hаs unconditionally accepted the policy, before the property has been destroyed by fire, there is no completed contrаct of insurance, but merely an offer by the insurer to make such a contract, not accepted by the insurеd. Harper v. Ginners Mutual Insurance Co., supra.
4. When the principles of law stated above are applied tо the facts of the instant case, as disclosed by the plaintiff’s petition, it is evident that the alleged contraсt of insurance sued upon was not a completed one. The court, therefore, erred in overruling the dеfendant’s oral.motion to dismiss the pеtition on the ground that it set forth no cаuse of action.
5. The error in the ruling on the demurrer rendered the further prоceedings in the ease nugatory.
Judgment reversed.