Noone

This was an action upon a policy of insurance. The plaintiff had a verdict and judgment for $3,717.50, and the defendant appeals from such judgment, and from an order denying its motion for new trial.

The grounds which are relied upon for a reversal are the following: —

1. It is ¿rgued that there was a breach of warranty in *155 relation to the distance of neighboring buildings from that which was covered by the insurance.

The policy contained the following provisions: “4. The application and survey upon which the issuance of a policy is predicated shall be considered a part of it, and a warranty by the assured. If the assured, by a written or verbal application for insurance, or by survey, plan, or description, or otherwise, makes any erroneous representations, or omits to make known any fact material to the risk, .... then, and in every such case, this policy shall be void.”

The application upon which the policy was issued stated that the building insured was ninety feet from other buildings, but after answering thevarious questions, contained the following: “ And the applicant hereby covenants that the foregoing is a just, full, and true exposition of all the facts and…