Walker

An action was commenced upon a policy of fire insurance on a composition roof four-room frame building and its additions (if any) communicating and in contact therewith, while occupied only for dwelling purposes, light lunches and soft drinks, and permanent fixtures. Following a trial by the court without a jury, judgment was rendered in favor of the plaintiff, from which judgment the defendant has appealed.

The respondent alleged in her complaint that she was the owner of certain real property, that. the defendant for an agreed consideration issued its policy “which is hereto annexed marked exhibit ‘A’, and by this reference made a part hereof, insuring the buildings on said property”; and that “that certain four-room dwelling and its additions as described in said policy of insurance were totally destroyed by fire”; that she furnished proofs of loss, and that the whole amount specified in said policy was due. The defendant denied the loss, admitted the furnishing of proofs of loss, and also denied compliance by the insured with the terms of the contract, and its liability thereunder.

The principal ground of appeal consists of an asserted insufficiency of the allegations of the…