Harlow

This action was commenced June 30, 1924. The defendant’s demurrer to the complaint was sustained, and thereafter the plaintiff filed an amended complaint reading as follows:

The defendant demurred to the amended complaint on the grounds that it “does not state facts sufficient to constitute a cause of action,” that the action was not commenced “within fifteen months” after the alleged fire, and that the action was barred “by subdivision 1 of section 339 of the Code of Civil Procedure, ... as the same was not commenced within two years after the alleged cause of action mentioned in plaintiff’s amended complaint accrued.” The demurrer was sustained with ten days leave to amend. Plaintiff failed to amend within the time allowed by the court and judgment was thereupon entered dismissing the action. The plaintiff has appealed from the judgment.

The complaint alleges a contract of insurance, whether oral or written being immaterial. “A parol contract of insurance may be made and is enforceable.” (American C. Co. v. Agricultural I. Co., 12 Cal. App. 133, 135 [ 106 Pac. 720 ] ; Ferrar v. Western Assur. Co., 30 Cal. App. 489, 491 [159 Pac. 609]; Smith v. Massachusetts Bonding etc. Co.,…