93 Pa. Super. 540 | Pa. Super. Ct. | 1928
Argued April 18, 1928.
After the decision of William Penn Motor Indemnity Exchange v. Haddad,
In view of the conclusion we have reached, it is unnecessary to state the pleadings at greater length. The case was tried by a judge without a jury under the Act of April 22, 1874, P.L. 109. The claim for $26.25 under policy 6473 was withdrawn for want of proof, leaving the suit to stand for the other sum only. Defendant offered no evidence on the subject of the amount owing. The trial judge considered the case and made findings, concluded that the evidence was insufficient to enable him to determine what sum was payable by defendant under his contract; he deemed it sufficient to find that defendant owed something, *543 though less than the $18 claimed, which was the maximum his contract required him to contribute in any contingency. A judgment for nominal damages was accordingly entered against defendant, who makes no complaint of that. Plaintiff, who appeals, insists here that the evidence is sufficient to warrant a finding that he is entitled to judgment for $18, and that such judgment should now be entered.
It is unnecessary to enlarge on, or to repeat what was said in the opinion in Haddad's former case (
Judgment affirmed. *544