149 Ky. 631 | Ky. Ct. App. | 1912
Opinion of the Court by
Affirming.
The appellants brought this suit against The Continental Insurance Company, alleging in their petition that the company had, by a parol contract, insured a frame store-house and stock of goods and fixtures belonging to them, in the sum of seventeen hundred andi fifty ($1,750) dollars, for one year from the fourteenth day of September, 1909, at noon, and that the property burned that night.
The company filed an answer denying the allegations of the petition. The' ease came on to be heard before a jury; the court, at the conclusion of the evidence, instructed the jury peremptorily to find for the defendant and the plaintiffs’ petition having been dismissed, they appeal.
The plaintiff introduced on the trial, W. E. Pritchett and C. E. Pritchett and asked each of them in substance, what was the agreement between them and the defendant’s agent. The defendant objected to thei question. The objection was sustained by the court and the plaintiffs avowed that the witness, if permitted to answer, would state, in substance, that it was agreed
Judgment affirmed.