Zander

Plaintiff (Zander) obtained a judgment, after a court trial, against defendant Casualty Insurance Company of California (Casualty) for $21,219.20 for damages from breach of an oral insurance “binder.” Casualty appeals. We will discuss and answer Casualty’s contentions under appropriate captions below.

The Facts

On March 9, 1962, plaintiff, Zander, had recovered a personal injury judgment in Shasta County, action number 25119 against James H. Pollock and Austin M. Hughbanks in the sum of $21,590.18. The injuries had been suffered June 3, 1959, while plaintiff was an invitee upon service station premises known as “Buffalo Ranch Service Station” near Redding. At the time of the accident one Lucas was the owner of the service station. He had recently acquired it. Pollock and Hughbanks, copartners, operated it as tenants from month to month. The service station, under different ownership, had used Texaco petroleum products. Such products in the area were exclusively distributed by Shasta Trinity Oil Company, a corporation, of which one Holt was president and sole owner. When the change of ownership and operation of the service station had occurred Richfield Oil Company had solicited…