Hollenbeck Lodge (486) I.O.O.F. v. Wilshire Boulevard Temple

SCOTT (Robert H.), J. pro tem.*

Defendant appeals from an adverse judgment in an action for declaratory relief and injunction.

In August of 1945, defendant corporation, as owner of land known as Home of Peace Cemetery, entered into a contract-with plaintiff for sale to the latter of 84 graves for the total sum of $4,200, to be acquired and paid for at the rate of at least 17 graves per year, or an annual total of $850. Title to the property was not to be acquired by plaintiff but the right of interment only, with fee remaining in defendant subject only to the right of purchaser to exclusive use…