SKEEL, P. J.
This appeal comes to this court on questions of law from a judgment entered for the plaintiff upon trial to the court in the Municipal Court of Cleveland. The action is based on contract.
The plaintiff, appellee herein, purchased a policy of indemnity insurance from the defendant, which, in part, provided:
"The Buckeye Union Casualty Company (herein called the Company) agrees with the Insured * * * to pay on behalf of the Insured all sums...
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