Dunwoody

In a complaint for declaratory relief, the appellant, a corporation formed under the laws of Minnesota, asked that it he adjudged not liable under a certain fire insurance policy. Each appellee is a citizen of California.

So* far as they are pertinent to our view of the case, the facts have been stipulated as we here recite them.

On or about September 24, 1948, the appellant issued and delivered to* the appellee Mildred A. Dunwoody a policy of fire insurance covering two buildings in Chico, California, in the amount of $10,000. The buildings were totally destroyed by fire on April 8, 1949. The fire was due to unknown causes.

The appellee Dunwoody was the owner of the buildings. She had leased them to the Grand Rapids Furniture Company for 50 years, commencing on January 1, 1944, by a written lease dated November 1, 1943. The interest of the lessee was transferred to the appellees Harold A. Goldman, Myrtle Goldman, Harold F. Baruh, and Doris G. Baruh, hereinafter referred to as the lesseeappellees, who have continued as lessees up to the present time. By certain supplemental agreements between the appellee Dunwoody as owner and lessor, and the lessee-appellees, the…