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MESSERLI v. MONARCH MEMORY GARDENS, INC.

Nos. 9447, 9448.

397 P.2d 34 (1964)

Henry A. MESSERLI and Alta B. Messerll, Plaintiffs-Respondents, v. MONARCH MEMORY GARDENS, INC., an Idaho corporation, and Lloyd's Advertising Agency, Inc., a Colorado corporation, Defendants-Appellants. Ellen A. STALEY, a widow, Plaintiff-Respondent, v. MONARCH MEMORY GARDENS, INC., an Idaho corporation, and Lloyd's Advertising Agency, Inc., a Colorado corporation, Defendants-Appellants.

Supreme Court of Idaho.

November 25, 1964.

Attorney(s) appearing for the Case

Graydon W. Smith, Boise, for appellants.

Holden, Holden & Kidwell, Idaho Falls, for respondents.

KNUDSON, Chief Justice.

Appellant Monarch Memory Gardens, Inc., hereinafter referred to as "Monarch", is an Idaho corporation offering for sale to the public vaults, caskets, memorial markers, interment spaces and other incidental burial services. It offers these services and merchandise for sale under two programs, one being based on a present, or "at-need", arrangement under which its services are rendered to anyone requiring immediate burial services. The other...

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