Glover

In her complaint the plaintiff seeks to recover from the defendant on an insurance policy by the terms of which the defendant agreed to pay to plaintiff the sum of $2,000 if she should suffer the loss of the sight of both eyes as a result of injury or disease sustained after the date of the issuance of the policy.

She alleges that “. . . during the continuance of the contract she suffered the loss of the sight of both eyes.” (Par. VII.)

In its answer the defendant denies that the plaintiff suffered the loss of the sight of both eyes during the life of the contract.

Stipulation

The following facts were stipulated by the parties:

It was then stipulated that the case might be submitted and decided on this stipulation of facts and on the pleadings and affidavits.

The stipulation is contrary to the plaintiff’s allegation with respect to the loss of the sight of both eyes during the continuance of the policy.

Plaintiff’s Contentions

Plaintiff seeks to avoid the plain language of the contract and revise the contract by substituting ,the phrase “total blindness” for the clause respecting the loss of the sight of both eyes after the issuance of the policy.

In her brief plaintiff…