Cline

Plaintiff appeals from the judgment for defendants and from the order made thereafter denying his motion for judgment notwithstanding the verdict in this action, tried before a jury. Appellant contends that the material facts are undisputed and thus he was entitled to have granted his motion for a directed verdict, which motion had been made and denied.

Appellant’s action was brought against Ted C. Atwood, an insurance agent, who died thereafter. His executors have been substituted (with due stipulations concerning the presentation of a claim and the denial thereof) and herein we shall refer to the defendants ’ testator as respondent.

Respondent was a licensed insurance agent representing over 30 insurance companies. He was known to appellant’s father for whom he had written a family homeowner’s insurance policy previously.

Appellant was 21 years of age, unmarried, residing with his parents at Lake Tahoe, California, and employed by Harrah’s Club at Stateline, Nevada. He was the owner of a Buick automobile, and his parents held registered title to three other automobiles.

On August 22, 1960, respondent called at the home of appellant’s parents, pursuant to appointment, to…