Forest Lawn Memorial Park Ass'n v. De Jarnette

The defendant Mrs. C. S. De Jarnette, who will be referred to as the defendant, has appealed on the judgment-roll alone from the judgment herein in favor of the plaintiffs.

The Forest Lawn Memorial Park Association is a cemetery corporation. The defendant is of the negro race. November 26, 1921, the association and the defendant entered into an executory contract by the terms of which the former agreed to sell to the latter one of its cemetery lots “for interment purposes only.” The contract contained the following provisions: “Said premises to be conveyed to and accepted by the purchaser subject to the rules and regulations now in force and such as may hereafter be adopted governing said Memorial Park and its care funds. . . . This agreement shall not be assigned by purchaser without the written consent of seller thereto. ... It is expressly agreed that this contract contains and embodies, all the terms and conditions to be performed by the parties hereto; that any promise, representation or agreement not embodied herein is expressly waived unless reduced to writing and signed by an officer of the seller, and attached to this agreement.”

The court found that, at the time the…