Houston Fire & Casualty Insurance v. C & H Construction & Paving Co.

OPINION

McMANUS, Justice.

Plaintiff sued in the District Court of Bernalillo County to recover premiums alleged due upon a liability policy issued by it to defendant. After trial without a jury, judgment was entered for only part of the sums claimed, and plaintiff appeals.

Plaintiff issued a liability policy to defendant, the premium for which was to be based on defendant’s expenditures ’ for wages and rental of equipment from others, and also on receipts from rental of its own equipment to others. These items were estimated in advance by defendant. 'At the end of the policy period plaintiff…