The rule in this State is that the wrongful termination, cancellation, or forfeiture of an insurance policy by the insurer, accompanied by declarations by the insurer that it will refuse to accept premiums if tendered, will excuse the further tender of premiums or assessments by the insured; and such policy will not lapse for nonpayment of the premiums. First Texas Prudential Ins. Co. v. Ryan, 48 S.W.2d 750, affirmed 125 Tex. 377, 82 S.W.2d 635; Excelsior Mut. Life Ins. Co. v. Hunter (Civ. App.), 120 S.W.2d 905, (writ dismissed); Myers v. Jefferson Standard Life Ins. Co., 271 S.W. 217, affirmed 284 S.W. 216; 24 Tex. Jur., 870; 29 Amer. Jur., 360; and see Anno. 122, A.L.R. 396. 4 The insurer issued its policy to the insured, and the insurer and the insured contracted to fulfill the obligations of such policy.

Appellants contend that the payment on October 3, 1960, raised a fact question that the policy was paid up at that time, and thus in force on October 21, 1960. To support this contention, they cite Excelsior Mutual Life Ins. Co. v. Hunter, Tex.Civ.App., 120 S.W.2d 905. That case is distinguishable in that admittedly all payments had been made by Mrs. Hunter prior to September, 1935, and there was a disputed fact issue as to whether payments had been made subsequently. Mrs. Cantu does not contend that any payments were made other than those set out above, and it is a question of law as to their effect.

In these circumstances, it is thought that the appellant became estopped to claim a forfeiture of the policy in suit for nonpayment of the premiums. Stone v. Brady Mutual Life Ins. Ass'n, Tex.Civ.App., 2 S.W.2d 538; Dunken v. Aetna Life Ins. Co., Tex.Civ.App., 221 S.W. 691; Calhoun v. The Maccabees, Tex.Com.App., 241 S.W. 101; Texas State Mutual Fire Ins. Co. v. Leverette, Tex.Civ.App., 289 S.W. 1032; Alamo Health Accident Ins. Co. v. Cardwell, Tex.Civ.App., 67 S.W.2d 337; New York Underwriters Ins. Co. v. Brittain, Tex.Civ.App., 62 S.W.2d 168; Home Benefit Ass'n, of Brozos County v. Catchings, Tex.Civ.App., 38 S.W.2d 386, writ of error refused; and Excelsior Mutual Life Insurance Company v. Hunter, Tex.Civ.App., 120 S.W.2d 905. Further discussion is deemed unnecessary, since these conclusions require an affirmance of the trial court's judgment.

Since Cowart, under the custom pursued by the insurance company, was authorized to receive and accept payment of the premium and since the premium was tendered to him in good faith within the time provided for in the policy, the company was not authorized to declare a forfeiture because of the failure to pay such premium. 24 Tex.Jur. 869; Sovereign Camp W. O. W. v. Davis, Tex. Civ. App. 268 S.W. 523; Excelsior Mutual Life v. Hunter, Tex. Civ. App. 120 S.W.2d 905. The judgment of the trial court is affirmed.