MOSS v. ELAN MEMORIAL PARK CORP.


400 Pa.Super. 555 (1990)

583 A.2d 1254

Larry H. MOSS and Ruth A. Malefyt, Appellees, v. ELAN MEMORIAL PARK CORPORATION, Appellant.

Supreme Court of Pennsylvania.

Decided December 27, 1990.


Attorney(s) appearing for the Case

Alice T.K. Corba, Berwick, for appellant.

Robert Spielman, Wilkes-Barre, for appellees (submitted).

Before OLSZEWSKI, DEL SOLE and HUDOCK, JJ.


HUDOCK, Judge:

This is an appeal from the final decree of the court below ordering Appellant to honor and effectuate the terms and conditions of a conveyance, by corporate deed to Appellees, of one hundred fifty four-grave lots in Elan Memorial Park, a cemetery owned by Appellant. We reverse.

In July 1981, Appellees, Ruth A. Malefyt and Larry H. Moss, mother and son, instituted an action in specific performance

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