O'Neil v. Washelli Cemetery Association

The Washelli Mausoleum and the Rose Hill Mausoleum are owned and operated by the appellants, and during a period of twelve months, seven people purchased crypts therein, making a down payment on the purchase price; and now seek to have the contracts of purchase rescinded and their payments returned because of alleged fraud. The respondent is one of the purchasers, and to him were assigned the claims of the other six. The alleged fraud consisted of misrepresentations made by the defendant DeWey, who had been employed by the appellants as a salesman on a commission to sell the crypts. The seven…