97 Pa. Super. 137 | Pa. Super. Ct. | 1929
Argued April 23, 1929. The defendants conceded that they had not paid five hundred ($500) dollars, the sum sued for, under an agreement whereby they purchased a lot of ground with a dwelling erected thereon. They set up a counterclaim of twenty-three hundred ninety-four dollars and seventy-four cents ($2,394.74) for damages due to the neglect of the plaintiff to assign a twenty-five hundred ($2,500) dollar policy in the Superior Fire Insurance Company in accordance with his agreement, in addition to the sixty-five hundred ($6,500) dollar policy that was assigned.
About two weeks after the deal had been closed, subsequent to the fire, the plaintiff attempted to assign the twenty-five hundred ($2,500) dollar policy but the insurance company would not agree to recognize the assignment. The plaintiff contends that he had retained possession of the unassigned policy at the request of the defendants. The defendants testified that the plaintiff, when they asked him about the transferring of the policy, said, "Don't bother about that. I will take care of it. All I have to do is to call up Frank Young over the telephone and it is taken care of. You don't need to worry about that at all. I will take care of it."
The jury found by their verdict that the plaintiff had agreed to assign the policy and assumed the responsibility of giving proper notice to the insurance company. He conceded that he had left town shortly after the sale had been consummated and did not return for some days. As a result of his failure to do *140 that which he had agreed to do, he is liable for the damages sustained.
The plaintiff contends that if he is liable, the damages are limited to the sum that would have procured a similar policy instead of the amount collectible under the policy, if it had been valid: Dobb v. Jones,
In Hagan Lumber Co. v. Duryea School District,
The plaintiff further contends that he should not have been precluded from showing that the award of *141
the appraisers was excessive. The measure of damages for which he was liable was the loss that naturally and ordinarily resulted from the breach of his contract with the defendants: Billmeyer v. Wagner,
We have examined all the assignments of error and find them to be without merit. The judgment of the lower court is affirmed.