Johnson & Dix, Inc. v. Burlington Mutual Fire Insurance

The defendant contests only the amount of the judgment in favor of the plaintiff. The matter was decided by the trial court, sitting without a jury, on the basis of stipulated facts. The sole issue relates to the effect of a written, unsealed modification of a sealed instrument under which the plaintiff leased certain premises for a filling station. The station and contents were totally destroyed by fire on January 1, 1961. The defendant, as insurer, became obligated to indemnify the loss in accordance with its policy issued to the plaintiff.

This policy provided that certain betterments, if…