Phoenix Insurance v. Levy

FLY, Associate Justice.

This action was instituted to recover of’ appellant, on a fire insurance policy, the sum of fifteen hundred dollars, alleged to be due by reason of the total destruction by fire of a certain two-story brick building situated in the city of Hillsboro, Texas, in which said sum, by said policy, appellee had been insured against loss by fire. Appellant pleaded that it was provided in the policy that in case the building was destroyed by fire, the insurance company should have the option and privilege of replacing the house by another of like-kind and quality, and that it…