WILLIAM PENN FIRE INS. CO. v. TIPPETT

6 Div. 896.

44 So.2d 23 (1950)

WILLIAM PENN FIRE INS. CO. v. TIPPETT.

Court of Appeals of Alabama.

January 24, 1950.


Attorney(s) appearing for the Case

Sirote, Permutt & Friend, of Birmingham, for appellant.

John A. Jenkins, of Birmingham, for appellee.


CARR, Judge.

This suit is based on an insurance policy in which the plaintiff below was the insured and the defendant was the insurer.

The limit of liability under the contract is:

"The limit of the company's liability for loss shall not exceed the actual cash value of the automobile, or if the loss is of a part thereof the actual cash value of such part, at time of loss nor what it would then cost to repair or replace the automobile or such part thereof...

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