Yoch

The defendant issued its policy of insurance against fire to Mrs. W. H. Brooks, the assignor of the plaintiff, in the sum of four thousand dollars, upon a frame building occupied as a country store, and also upon household furniture and the stock of merchandise, “ such as is usually kept in country stores,” while contained in said building. Before the expiration of the policy the insured property was totally destroyed, and the present action is brought to recover for the loss thereby sustained. The defendant alleged as grounds of defense that the insured kept for sale and allowed gasoline upon the premises in violation of the terms and conditions of the policy, and that in her written application for the policy she made a material misrepresentation in reference to the building to be insured. The cause was tried by a jury and a verdict rendered in favor of the plaintiff. From the judgment entered thereon, and an order denying a new trial, the defendant has appealed.

The policy was made out upon a printed form in which, after the agreement of insurance, there were printed certain conditions to be observed by the insured, and certain limitations upon the liability of the insurer. In…