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HOUSTON FIRE & CAS. INS. CO. v. C AND H CONST. & PAV. CO.

No. 9213.

487 P.2d 908 (1971)

82 N.M. 790

HOUSTON FIRE AND CASUALTY INSURANCE COMPANY, Plaintiff-Appellant, v. C AND H CONSTRUCTION AND PAVING COMPANY, Inc., Defendant-Appellee.

Supreme Court of New Mexico.

August 2, 1971.

Attorney(s) appearing for the Case

Louis J. Vener, Albuquerque, for plaintiff-appellant.

Toulouse, Moore & Walters, Albuquerque, for defendant-appellee.

OPINION

McMANUS, Justice.

Plaintiff sued in the District Court of Bernalillo County to recover premiums alleged due upon a liability policy issued by it to defendant. After trial without a jury, judgment was entered for only part of the sums claimed, and plaintiff appeals.

Plaintiff issued a liability policy to defendant, the premium for which was to be based on defendant's expenditures for wages and rental of equipment from others, and also on receipts...

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