Dillingham v. Eby

John F. Eby filed an action in the district court of Garfield county against the trustees of Memorial Park Cemetery, a trust, and against the Trust, to recover damages for the breach of contract. He recovered judgment from which the defendants appeal, but being dissatisfied with the measure of damages allowed in his recovery, cross-appeals.

The Trust was organized to own and operate a cemetery, and its declaration of trust was duly recorded. Huggins was its general manager and one Shands, under an agreement with Huggins to sell cemetery lots for the Trust, approached Eby with the proposition…