Wojtkowiak v. Evangelical Lutheran St. John's Church

Defendant is a religious corporation. For some years it has owned and operated a cemetery in the town of Cheektowaga, Erie county, N. Y. On July 20, 1931, it entered into a contract with the plaintiffs for the purchase of additional lands to be used in connection with its present cemetery. The question arose as to the necessity of obtaining the consent of the board of *412supervisors of Erie county to the use of such property for that purpose, and the parties agreed that, if such permission was necessary, and if it was not forthcoming, the contract should be null and void. It is stipulated that…