This being the first grant of a new trial and the verdict not being demanded by the law and the evidence, I concur in the judgment of affirmance. There was evidence from which it might be inferred that the agent of the insurance company, by virtue of his previous dealings in similar transactions, with the company’s consent or ratification, had authority to waive a written stipulation in the policy. Western Assurance Co. v. Williams, 94 Ga. 128 (21 S. E. 370).