Phœnix Ins. Co. of London v. Stobaugh

BLAIR, Justice.

The parties will be designated as appellant and appellee.

Appellee sued appellant upon its policy of insurance for $2,400, covering a house owned by appellee, which was alleged to have been totally destroyed by fire. This appellant denied, and the issue was submitted to the jury as follows: “Were the remnants of the structure in controversy left standing after the fire reasonably adapted for use as a basis upon which to restore the building to the condition in which it was before the fire?”

The jury answered the issue in the negative, and judgment was accordingly rendered for…