
    CONTINENTAL GASOLINE & OIL COMPANY, Appellant, v. FRANKLIN FIRE INSURANCE COMPANY OF PHILADELPHIA.
    (No. 3018.)
    (Court of Civil Appeals of Texas. Texarkana.
    Feb. 19, 1925.)
    Appeal from Bowie County Court; O. B. Pirkey, Judge.
    Keeney & Dalby, of Texarkana, for appellant.
    Rodgers & Rodgers, of Texar-kana, for appellee.
   PER CURIAM.

The testimony of appellant’s own witnesses authorized the trial court to assume that the settlement with the insured did not constitute a legal defense to this suit by the fire insurance company. For that reason, there was no error in refusing to submit the special issue requested. The evidence was such that a jury might find that the fire was caused by the negligence of appellant’s agent. The judgment will therefore be affirmed.  