Boston Ins. Co. v. Wade

The appellant issued an insurance policy to the ap-pellee on an automobile truck for which the appellee paid $1,673.11. After it had been used by the appellee for about nine months, it was struck and damaged by another truck. The declaration alleged the damages to be $1,673.11 less $50.00, the reason for which will hereafter appear. The appellant, by notice under its plea of general issue, admitted liability, but alleged that the truck was not totally destroyed but could be repaired at a cost not exceeding $501.94 from which the $50.00 provided therefor in the policy should be deducted,…