Smith v. Phenix Insurance

Citations

• 3 Cal. Unrep. 244
• 23 P. 383

Syllabus

<p>Insurance—Change of Title.—To Put a Lessee in possession of insured property under a contract that he shall buy the property on the termination of the lease, or, at his option, at any time during its continuance, is a breach of a condition of the policy that it shall become void if any change takes place in the title or possession.</p> <p>Insurance—Change of Title—Lease,—Notice to the insurance company, before destruction of the property by fire, of the lease and change of possession, but not of the agreement to convey contained in the lease, cannot affect the company’s right to afterward insist on the enforcement of such stipulation.</p> <p>Paterson, J., dissenting.</p>