Decatur Cemetery Land Co. v. Bumgarner

The trial court entered a judgment for $2,812.80 in favor of the plaintiff and against the defendants on the written contract dated September 18, 1963, for the purchase of two crypts in Graceland Cemetery. The defendants denied that the plaintiff had complied with its contract, denied that they were in default and admitted that they paid nothing but the down payment on the contract. By way of affirmative defense they pleaded (1) that the execution of the contract on their part was obtained through the fraud of the plaintiff in that plaintiff’s agent represented to the defendants that they…