Questa

Appellees, Silvo Questa and Jennie Ques-ta, citizens of Nevada, were the owners of a ranch called the Glendale Ranch in Washoe County, Nevada, and of a large barn situated thereon. The barn was destroyed by fire on September 20, 1941. Thereafter appellees presented a proof of loss to appellant, Milwaukee Mechanics’ Insurance Company, a Wisconsin corporation doing business in Nevada, and demanded that appellant pay them $7,500. Payment being refused, appellees brought an action against appellant in the District Court of the United States for the District of Nevada. The complaint alleged:

The complaint prayed that appellees have judgment requiring appellant to “deliver its policy of insurance to the plaintiffs [appellees] in the sum of Seventy-Five Hundred Dollars ($7,500) on that certain large barn which was situate on the Glendale Ranch of plaintiffs”; declaring that appellees “are entitled to the sum of Seventy-five Hundred Dollars ($7,500) provided for in said policy”; and “for all other proper relief in the premises to which they may be entitled.”

Answering, appellant admitted that Frank Hassett was its duly authorized agent, admitted that it refused to execute and deliver a…