Insurance — Fire insurance — Merchandise — Partial destruction — Damages — Measure of damages.
In this action of assumpsit upon a standard fire insurance policy to recover damages for partial destruction of merchandise as a result of fire, in which the sole issue was the amount of damage suffered by the plaintiff and in which it appeared that the court below had determined the amount of damages by taking the actual cost of the merchandise in large lots at the wholesale level before the fire minus the amount the damaged merchandise would bring in large lots after the fire, plus expenses paid to a smoke odor removal service recommended by defendant, it was Held that the court below had used a proper measure of damages and had not erred in rejecting defendant's contention that the damages should be determined by subtracting from the cost of the merchandise the amount for which they were sold at a fire sale.
OPINION PER CURIAM, November 15, 1960:
The judgment is affirmed on the opinion of the late Judge THOMAS M. MARSHALL, of the court below.