Hemmer-Miller Development Co. v. Hudson Insurance

Plaintiff is the insured in a hail insurance policy issued by defendant insurance company. On an appeal taken by the defendant, a judgment entered for the plaintiff was reversed by the decision of this court reported in 59 S. D. 129, 238 N. W. 342, and the cause was remanded for new trial. The policy was construed to be open, and not valued1, preventing recovery thereon without proving the actual value of crops damaged.

Thereafter, the trial court granted a motion made before trial for leave to file an amended complaint, based not upon the policy of insurance, 'but on an agreement of…