Browne

This is an action upon a policy of automobile insurance in which the plaintiff prays for judgment in the sum of $1,350, the amount of a loss claimed to be due under the policy, and also prays that if in the judgment of the court the policy is to be construed as not covering the damage claimed, it be reformed so that it shall do so. The judgment of the court reformed the policy as prayed and awarded the plaintiff the sum demanded. The appeal is by the defendant from the judgment, and from an order denying its motion for a new trial.

As grounds for reversal of the judgment the appellant relies upon certain errors of law in the admission of evidence, and, principally, upon the proposition that the evidence in trodueed showed no grounds for reformation, but disclosed that the policy issued by the defendant to the plaintiff was in accordance with the latter’s application, and that it admittedly did not cover the loss sought to be recovered.

There is little contradiction in the evidence concerning the main facts of the ease, and it may be summarized as follows:

The defendant Commercial Union Assurance Company was represented in Salinas by one Joseph Bordges, his appointment being…