Spencer v. FLINT MEMORIAL PARK ASSN.

Plaintiff is the owner of certain burial rights or right of sepulture in lot 21 of section 1 of the Flint Memorial Park Cemetery which is owned by defendant Flint Memorial Park Association, a Michigan nonprofit corporation.

This suit was brought against the association by plaintiff, a Negro, to enjoin the association from interfering with and refusing to allow plaintiff to bury the body of a Negro tendered by plaintiff for burial in the plot owned by plaintiff. Defendant raised as a defense a restrictive agreement or condition, existing at the time plaintiff purchased the burial plot, which…