Crain

This is an appeal by the defendant from a judgment in favor of the plaintiff for damages for the breach of a policy of title insurance whereby the plaintiff was insured against loss or damage not exceeding $18,000 which insured shall sustain by reason of title to the land being vested otherwise than as therein stated. The defendant says “We have no hesitancy in stating that our principal contention on this appeal, in view of the record, is the absolute failure to introduce evidence upon which the court could determine the proper amount of damages. ...”

The plaintiff was the owner of a note for $2,500 secured by a second trust deed against the property which was covered by the policy. He foreclosed the trust deed but found that there was a leasehold interest in the hands of a third party which was prior to his trust deed and which was not shown on the policy of insurance. The complaint alleged in paragraph 10 of count I and the answer admitted by failure to deny the same that “if the title thereto had been as shown by said policy, the interest thereon acquired under said foreclosure sale, over and above the lien of the first trust deed thereon would have been the sum of $5,500;…