Long v. Thayer

Citations

• 150 U.S. 520
• 14 S. Ct. 189
• 37 L. Ed. 1167
• 1893 U.S. LEXIS 2402

Syllabus

<p>T. bought a tract of laud in Kansas City of S. & W. under a contract on their part signed, by K. as their agent, under which payments were to be made at stipulated times, notes bearing interest to be given for those sums, and a deed to be given on final payment. The agent’s authority from W. was in writing; from S., it was verbal. W. died shortly after the contract was made, and before any payment matured. T. went into possession, gave the notes, made payable to K. or bearer, made payments to K. as they became due, without knowledge of the death of W., and improved the property by erecting buil'cliugs upon it. On making the last payment he was informed that W. had died. The interests of W. and S. became vested in L., who brought a suit in ejectment against the tenant of T. T. intervened in that suit and his equitable defence being overruled, filed a bill to restrain its further prosecution. Held,</p> <p>(1) That the death of W. revoked IC’s authority to act for him or his estate, and payments made to K. as his agent after his death did not discharge T.’s obligation to his estate;</p> <p>(2) That whether it also operated as a revocation of the verbal authority given by S., may admit of some doubt, but is unimportant in view of the long silence of S.;</p> <p>(3) That in view of the character of the notes, and in view of tho-fact that L. was not an innocent purchaser, but took title with full knowledge of the facts, including the open, notorious and'unequivocal possession of the property by T., the decree of the court below,, granting a perpetual injunction on payment into court of one half of the purchase money with interest, should be affirmed.</p>