Preslar

Appellee recovered on an accident insurance policy issued to him by appellant. Appellant, by this appeal seeks to set aside the judgment.

Appellee testified that one Coleman had talked to him several times concerning accident insurance, and that on January 9, 1939, he paid Coleman $5,10 for the first month’s premium on a policy; that Coleman then gave him a receipt like the one hereafter mentioned; that he .signed an application, and Coleman told him that he was then insured.

On January 31, 1939, the State of California issued to Coleman an agent’s license, wherein it was recited that .Coleman had been appointed by appellant as its agent. On February 1, 1939, Coleman made written application to appellant for an “agency”. On February 6, 1939, appellant and Coleman entered into a written contract, by terms of which Coleman was appointed an agent of appellant. Article 1(c) of the agreement provided that Coleman should “not accept risks, make, alter or discharge contracts for insurance, waive forfeitures or otherwise do anything in violation of the powers conferred by the Company’s Manual. * * * ” The latter document contains the following: “ * * * No agent has authority to (a) bind…