Mannheimer v. Wolff

This a controversy involving uniformity of floral decorations on a cemetery lot which now contains 12 graves, and which has room for 7 more. Plaintiff seeks to enjoin the performance of a perpetual decoration contract which provides for decorations on two of the graves different from those on the other 10 graves; in the alternative, she seeks a mandatory injunction ordering the removal of one of the bodies from the lot. Plaintiff appeals from a decree allowing defendants’ motion for summary judgment and dismissing the suit for want of equity.

There is no question of fact involved. The record…