CODY, Justice.
This suit was filed March 16, 1949, by appellee, an automobile dealer, on a policy of insurance issued by appellant to appellee, for recovery of the loss occasioned by the theft of one of appellee's automobiles in Houston near midnight of August 8, 1948. After suit was filed, appellee recovered the stolen automobile, and tendered it to appellant, and upon appellant's refusal to accept it, appellee repaired and disposed of it. Then, the court, trying...
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