Oakland Cemetery Co. v. Smith

This is an action of assumpsit to recover a balance of $346 due for a cemetery lot sold to defendant. The case was tried by a justice of the Superior Court who rendered decision for plaintiff for the amount claimed. Defendant has brought the case to this court on her exception to the decision.

In January, 1931, defendant’s husband died and she went to the cemetery and orally agreed with plaintiff’s agent to purchase a lot for $400. The lot was large enough for eight graves. Before defendant could have her husband interred she had to pay $50 for one grave and $28 for the expense of opening it.…