Fidelity & Casualty Co. v. Fayetteville Wagon, Wood & Lumber Co.

This is an action to recover a balance alleged to be due as per contract for premiums on a series of liability policies issued by. appellant to appellee. The premium was based on the total wage roll of appellee paid to employees covered -by the policies. The clauses of the policies which bear on the question at issue read as follows:

“C. Premium is based on the compensation to employees to be expended by the assured during the period of this policy. Whenever employees are compensated in whole or in part by store certificates, board, merchandise, credits or any other substitute for cash, the…