Miller v. Red Lion Cemetery Ass'n

Opinion by

Mr. Justice Kephart,

There is some difficulty in determining the basis on which appellants, the plaintiffs, claimed to recover in the court below. The action was by Jacob Miller and his wife for the purchase price of cemetery lots. It was shown that the contract was partly written and partly oral, but, at best, the basis of the obligation was the purchase by the Red Lion Cemetery Association of “the unsold lots in Fairmount Cemetery.” Miller and his wife claim that this included the lots not only owned by Bertha Miller but the lots of Jacob Miller.

Fairmount Cemetery had been laid out…