Burch

Plaintiff had judgment in the sum of $8,625 upon a certain policy of insurance covering costs of the production of a crop of barley belonging to the plaintiff and insured by the defendant. From this judgment the defendant appeals.

The transcript shows that on or about the first day Of March, 1921, the plaintiff applied to the defendant for insurance in the sum of $20,700 on 1725 acres of wheat and 1724 acres of barley, to wit: $12,075 on the wheat and $8,625 on the barley. Both the wheat and the barley referred to were then .and there seeded and growing upon certain premises situate in the county of Fresno, state of California. The application for insurance upon the seeded wheat crop was set forth in the application as item number one, upon which the premium, calculated at ten per cent, amounted to the sum of $1,207.50. The application for insurance upon the seeded barley crop was and is known as item number two, upon which the premium, calculated at eight per cent, amounted to the sum of $690. The application further set forth in item number two that the insurance was to cover a two-thirds interest in the barley crdp and not to exceed $5 per acre. In the calculation of the…