GEORGE ROSE SMITH, Justice.
This action was brought by the appellee to recover $1,000 in benefits under a hospitalization policy which was applied for but never actually issued. The trial court, sitting as a jury, made a general finding of fact that a valid contract had in fact been agreed upon. This appeal is from the ensuing judgment for $1,000, plus penalty and attorney's fee. For reversal the insurer argues that the proposed agreement was never consummated.
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