Contract – Burial Plot Purchase – Resale to Another – Civil Practice – Statute of Limitations – Tort/Negligence

Contract – Burial Plot Purchase – Resale to Another – Civil Practice – Statute of Limitations – Tort/Negligence (access required)

Hardin v. York Memorial Park In 1993, when her husband died, plaintiffs’ decedent bought three burial plots from defendants — one for her husband, one for herself, and one for another family member. Where defendants resold one of the plots to a stranger in 1993, and where plaintiffs originally filed suit on Nov. 9, 2006, their breach of contract claim as to that plot is time-barred. However, where the complaint does not allege the date on which the third plot was resold to a stranger, plaintiffs’ breach of contract claim as to the third plot is not barred by the statute of limitations.

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