92 Iowa 579 | Iowa | 1894
The defendant is a mutual insurance company. Its membership is composed of the persons who insure property in the company. The plaintiff was a member of the company by reason of insurance on his barn. The insurance expired on the second day of June, 1892. About the first of July he met the secretary of the company at the end of a lane in the country. They had a brief conversation about insuring the property again. He claims in his petition that an oral contract was then made to “renew the plaintiff’s insurance upon the terms and conditions it was before insured, and to issue a certificate or policy covering said barn, to commence and run from July 1, 1892.” The barn was destroyed by fire on the twenty-first day of that month. There is a conflict in the evidence as to the conversation between the plaintiff and the secretary of the company. The learned district judge who tried the cause found as a fact that there was no contract made. The findings on that question are as follows: “The plaintiff says, as a witness, that on July 11, 1892, he met Kitchen, the secretary of the company, and Kitchen asked him if- he (plaintiff) knew that his policy had. run out, and asked him if he wanted to renew. Plaintiff answered, ‘Yes.’ Plaintiff said, ‘You write me apolicy.’ Kitchen asked him,‘What amount!’ Plaintiff replied, ‘Put on such amount as you think right. ’ Kitchen then said he would fix it up and send to me. Kitchen’s testimony is somewhat different from that of
The court, in determining the case, filed a brief opinion, in which the following language is employed: “Take the plaintiff’s claim to be the true tone — that Kitchen was to send him a policy — yet there was no binding contract between them. The plaintiff admits that the sum or risk to be taken upon the barn was undetermined, the agent saying that he would not take as much as he did before, and did not say what. The plaintiff did not say what he was willing the risk should be, but left the sum to be taken entirely to the agent. Here, then, was a very important -part of the contract not agreed upon; it was not determined in any manner by the parties. The court can not supply such averment for the parties. It can not say that the policy should have -been for six hundred, seven hundred, eight hundred, dollars, or any other sum. The sum should have been definitely fixed by the parties. As it was not, there was no contract. Suppose the agent had sent a policy for $500; would it have been binding upon the plaintiff? I think not.”