Schumacher

Plaintiffs appeal from a decree awarding them less than their prayer in a suit to reform and enforce a fire insurance policy in their behalf executed by defendant. Although the vital element and controlling principle of the case appears ,to have escaped the attention of the trial court and counsel, the whole is of that simplicity which admits of desirable brevity without sacrifice of clarity.

The pleadings are usual, and so far as essential, the facts are 'that Schumacher had sold his 1922 crop of hops to be grown near Chehalis, Wash., to Hart for 35 cents per pound, in part advanced and balane'e to be paid on delivery and acceptance. Thereafter and as harvest and its fire hazard approached, Schumacher entered into a contract with defendant to insure the hops at the sale price of 35 cents per pound but not to exceed $10,000, and paid the premium. The policy was prepared, executed, and retained by defendant’s local corporation agent, and not seen by Schumacher until after the fire that destroyed the hops in amount 30,496 pounds.

This policy was of New York standard form, and the cover clause, instead of describing Schumacher’s interest in the sale of the hops, merely is $10,000…