CARSON v. HOME FIRE & MARINE INS. CO.

No. 5673.

39 F.2d 50 (1930)

CARSON et al. v. HOME FIRE & MARINE INS. CO.

Circuit Court of Appeals, Fifth Circuit.

March 24, 1930.


Attorney(s) appearing for the Case

N. B. K. Pettingill, of Tampa, Fla. (Cook, Blanchard & Hoffman, of St. Petersburg, Fla., and Macfarlane, Pettingill, Macfarlane & Fowler, of Tampa, Fla., on the brief), for appellants.

John B. Sutton and H. C. Tillman, both of Tampa, Fla., for appellee.

Before BRYAN and FOSTER, Circuit Judges, and SIBLEY, District Judge.


BRYAN, Circuit Judge.

This is an appeal from a final decree dismissing on motion a bill to reform a fire insurance policy on the ground of mutual mistake.

The case stated by the bill is this: Appellants were building contractors. On February 1, 1926, they gave instructions to appellee's agent, at his solicitation, to issue to them a construction or builder's risk policy of fire insurance on a two-story dwelling and a garage which they were erecting under contract...

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