Houston Fire and Casualty Insurance Co. v. Nichols

CALVERT, Chief Justice.

Respondent, Benny Nichols, sued for and recovered $6,000 on a contract of insurance covering separate piles of cotton burrs which were destroyed by fire. The court of civil appeals affirmed. 428 S.W.2d 458. We reverse and remand.

The case was tried to a jury. In response to a special issue on damages, the jury answered that $6,000 would fairly and reasonably compensate Nichols for damage caused by the fires. The jury was instructed that, in answering the damage issue, “the measure of damage would be the difference between the reasonable cash market value of the property,…