McCormick

The original complaint in this case was to recover two thousand dollars on a policy of insurance. After several years of litigation, the plaintiffs amended their complaint so as to seek a reformation of the policy, on the ground of fraud and mistake, and for a decree upon it as reformed. The trial court gave judgment for the defendant, and the plaintiffs appeal upon the judgment roll, without any bill of exceptions or statement.

The policy contained the following provision: “Any interest in property insured not absolute, or that is less than a perfect title, must be specifically represented to *261 the company, and expressed in this policy in writing.” There was no indication in the policy that the plaintiffs’ interest was not an absolute interest. On the contrary, it stated that the plaintiffs were insured “on their stock of manufactured manila paper,” etc., and the application (which, in our opinion, was made by the agent of the plaintiffs) stated the same thing. As a matter of fact, the plaintiffs were not the owners. They merely had the property for sale on commission, and the defendant did not “have any knowledge of the same, except in so far as the same was disclosed and…