Hollenbeck Lodge (486) I.O.O.F. v. Wilshire Boulevard Temple
Opinion
Lead Opinion
Scottrobert, J.
Defendant appeals from an adverse judgment in an action for declaratory relief and injunction.
In August of 1945, defendant corporation, as owner of land known as Home of Peace Cemetery, entered into a contract-with plaintiff for sale to the latter of 84 graves for the total sum of $4,200, to be acquired and paid for at the rate of at least 17 graves per year, or an annual total of $850. Title to the property was not to be acquired by plaintiff but the right of interment only, with fee remaining in defendant subject only to the right of purchaser to exclusive use for burial purpose.
From 1945, and for a period of nine years, no charge was made to plaintiff or to anyone obtaining a burial site from it, for cost of opening and closing the grave. In August of 1954, defendant for the first time gave notice to plaintiff by letter that thereafter a fee of $50 would be charged at time of burial for opening and closing each grave. Plaintiff verbally protested to defendant but was informed that although plaintiff corporation would not be subjected to this charge the family or estate of a deceased interred in one of these burial sites would be required to pay it.