Limsky

Action upon a fire insurance policy for $3,500/ loss on building, merchandise, and fixtures. The case was tried before a jury, resulting in a verdict for plaintiffs for the full amount of the policy, with interest. Defendant appeals from the judgment.

The complaint alleges that on or about the tenth day of April, 1919, James V. Jeffress and W. T. Wilkins, then owners of an excelsior plant in Oakland, sold the same to plaintiffs and also assigned to plaintiffs the insurance policy upon which this suit was brought; that immediately thereafter Mr. Wilkins, at the request of plaintiffs, notified Mrs. Stromberg, the agent of defendant Insurance Company, of the sale and assignment and that the policy had been lost; that thereupon the agent verbally consented to the sale and assignment of the property and policy and verbally waived the provision in the policy that it should be void if assigned before a loss unless otherwise provided by agreement indorsed thereon or added thereto; that plaintiffs, relying upon the knowledge of such notice, consent and waiver did not obtain or attempt to obtain other insurance upon the property in the place of that issued by defendant; that on April 16th…