Balan

Plaintiffs brought this action to recover for loss sustained by fire, against which they alleged they had been indemnified by defendant under a policy of insurance. The insurance covered a one-story frame building and fixtures, also general household effects and wearing apparel and an outbuilding on the premises. By the terms of the policy, a copy of which was attached to the complaint as an exhibit, the insurance was made effective as to the first-named building while it was “occupied only as a private dwelling,” and as to the outbuilding only while the same was being used as such. The policy also provided that the personal property mentioned was insured while it was contained in the dwelling. Plaintiffs alleged in their complaint that the frame buildings, together with all of the property described in the policy of insurance, were destroyed by fire, but the complaint contained no statement showing that the buildings were being put to the particular uses limited by the insurance contract at the time they were destroyed. In the case of Arnold v. American Ins. Co., 148 Cal. 660 , [25 L. R A., N. S., 6, 84 Pac. 182 ], it is held where like conditions of contract and allegations…