Brickell

The object of this action is to recover the sum of $5,000 on a policy of insurance for the loss by fire of a two-story frame building, situated in the city of San Francisco, said building, it is alleged, being the property of plaintiff.

The court sustained the defendant’s demurrer to the amended complaint, and the plaintiff declining to further amend the same, judgment was entered dismissing the action.

From said judgment this appeal is taken.

According to the averments of the complaint, the respondent, on the twentieth day of September, 1905, issued to the appellant a policy of fire insurance for $5,000, covering the two-story frame building mentioned for a term of three years from September 19, 1905. It further appears from the complaint that on the twenty-eighth day of September, 1905, the appellant entered into a contract in writing with one L. A. Phillips, by the terms of which the former agreed to sell and convey to the latter and Phillips agreed t'o buy the premises upon which the policy of insurance herein involved was issued for the sum of $10,000, of which payments were conditioned in said agreement to be made as follows: Three thousand dollars upon the “execution and…