Court of Appeals of Texas December 5, 1917, No. 5917. (Rio Grande Fire Ins. Co. v. Concordia Fire Ins. Co.)

SWEARINGEN, J.

This is a suit by appel-lee, the Concordia Fire Insurance Company, against appellant, the Rio Grande Fire Insurance Company, to recover $1,000 alleged to have been paid by appellee to appellant by mutual mistake. Without a jury, the court rendered judgment against appellant for the sum sued for. There is no issue of fact.