Manning

Appellant sued under the Declaratory Judgment Act, 28 U.S.C.A. § 400 , for a *363 declaration of rights under a general liability policy issued to appellee J. M. Manning. The case was tried to the court, the trial resulting in a judgment in appellees’ favor.

J. M. Manning and his wife, under the name of Manning Motors, operated a business consisting of an automobile sales agency, garage and filling station. The two owned also the stock, except one share, in Manning Fuel Oil Company, a corporation having the same address as Manning Motors. The corporation will be referred to as the Oil Company. Manning was president and general manager of the Oil Company, and the business of that company was handled in the office of Manning Motors. The Oil Company paid Manning Motors $100 a month “for storage space for the office, telephone service, and general service to look after the business.” The Oil Company owned three delivery trucks, which were stored at Manning Motors. Its only regular employees were one or two drivers.

Appellant wrote a general liability policy in favor of Manning, doing business as Manning Motors. It also issued three liability policies to the Oil Company covering the…