M. S. HALL, Appellant,
Harold BOWMAN, Appellee.
[88 Ariz. 410] Henry W. Beumler, Douglas, for appellant.
I. B. Tomlinson, Bisbee, for appellee.
This is an action to enforce a subscription contract to purchase crypts in a mausoleum constructed in the Douglas cemetery, Douglas, Arizona.
Appellee-plaintiff was a contractor in Cochise county, state of Arizona, engaged in the business of constructing a mausoleum which was subdivided into crypts, or spaces, which were sold by him on a subscription basis. On the 30th day of December, 1954, the appellant subscribed for two crypts, numbers 9 and 10, a copy of which subscription reads as follows:
Protector of the Human Body
December 30, A.D. 1954
I hereby subscribe for 2 Crypts Nos. 9-10 in the Mausoleum to be erected in or adjacent to the Douglas Calvary Cemetery Cemetery and agree to pay to Harold Bowman or order for the same the sum of $350 XX/100 for each Crypt as follows:
One-third when foundation is in, one-third when stone is on the ground, one-third when Mausoleum is completed according to plans, specifications or photographs number (s)SU [88 Ariz. 411] Similar to Photo No. 9
This subscription is given with the understanding that sufficient subscriptions shall be secured to warrant the building of the Mausoleum. Otherwise it is void. It is also given with the agreement that if the required number of subscriptions are secured the building to be started as soon as material can be gotten on the ground, or as soon thereafter as the weather will permit and shall be completed within two years from date canvas is closed.
(S) x M. S. Hall'
The required number of subscriptions were secured and the mausoleum was completed. However, after the subscriptions were obtained but before the work was begun on the construction of the mausoleum, the appellant gave the appellee notice of a
revocation of the subscription. Thereafter appellee ...