" And in Brotherhood Ins. Co. v. Harris, 224 Ala. 28, 29, 138 So. 295, we said: "The Court of Appeals finds as a fact that plaintiff failed to adduce evidence to sustain the averments of the complaint that 'plaintiff applied to defendant for hospital services for his wife in said Birmingham and defendant failed or refused to furnish said hospital services.' This was the only breach of the contract alleged, and the writ of certiorari is denied on the authority of Postal Telegraph-Cable Co. v. Minderhout, 195 Ala. 420, 71 So. 91."
Sloss S. S. I. Co. v. Redd, 6 Ala. App. 405, 60 So. 468; Hunnicutt L. Co. v. M. O. R. Co., 2 Ala. App. 443, 57 So. 73. The policy constitutes the contract of the company and the plaintiff. Brotherhood Ins. Co. v. Harris, 224 Ala. 28, 138 So. 295. SAMFORD, J.
Reversed and remanded on rehearing. Certiorari denied by Supreme Court in Brotherhood Ins. Co. v. Harris, 138 So. 295. Wilkinson Burton, of Birmingham, for appellant.