Johnson v. Godin

MERRILL, Justice.

This appeal is from a decree granting specific performance of a contract by ordering respondents to execute a deed to certain property to complainant. The decree construed a contract between the parties; and the most important effect of the decree was to decide which of the parties should lose the value of a new dwelling, destroyed by fire, which had been constructed by appellee for appellants on appellants’ land.

Appellee was a builder of houses, and desired to acquire 1.3 acres of unimproved land in Montgomery which was owned by appellants, husband and wife. After some…