McCormick v. Proprietors of the Cemetery

The defendant, a charitable corporation, is the proprietor of a cemetery in which private individuals may acquire title to lots to be used subject to its rules and regulations. The plaintiff is the owner of one of the lots, and by contract with him the defendant became bound in 1924 to furnish “perpetual care” by keeping “in suitable condition and preservation the sodding or turfing” on the lot. In 1925, the plaintiff desired to erect a costly and artistic monument to serve as a memorial for himself, for his second wife, Patti McCormick, and for his first and divorced wife, Lena McCormick.…