Fort Worth Lloyds v. Purcell

WALTER, Justice.

Suttle Purcell recovered a judgment against Fort Worth Lloyds on a Texas Standard Fire Policy for $6,000. Lloyds has appealed.

Purcell’s building in Lamesa was damaged by an explosion on the premises adjacent to his on April 4, 1970.

Purcell pleaded that he had complied with all the conditions precedent to a recovery on the policy and with all of its terms and conditions. He further alleged:

“. . .In the event it should be found that any conditions precedent or requirements of said policy were not complied with, which is denied, then same were waived by the Defendant.”

Rule 94,…