Long v. Thayer
Supreme Court of the United States
APPEAL PROM THE CIRCUIT COURT OP THE UNITED STATES POR THE WESTERN DISTRICT OP MISSOURI. This was a bill in equity filed by Thayer to enjoin the enforcement of a judgment obtained by Long against one Townsend R. Smith, a tenant under Thayer, of a lot in Kansas City.
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APPEAL PROM THE CIRCUIT COURT OP THE UNITED STATES POR THE WESTERN DISTRICT OP MISSOURI. This was a bill in equity filed by Thayer to enjoin the enforcement of a judgment obtained by Long against one Townsend R. Smith, a tenant under Thayer, of a lot in Kansas City. Thayer had bought'the lot of Sidles and Western under a contract signed by one J. F. Kinney as their agent, dated June. 30, 1870,. by which, in consideration of $50 in cash, a promissory note, at three months for $102.50 and another note at one year for $150, with ten per cent interest, Sidles and Western had agreed to give Thayer…
1Opinion of the CourtJustice Brown
This case turns largely upon the legal effect to be given to the death of Western, which took place a few days after the contract for the sale of the land was made, and before the first note became due. Had Western not died, there can be no question that the payments to Kinney would have been good, and that Thayer would have been entitled to a deed.
Western’s death undoubtedly operated as a revocation of Kinney’s authority to act for him or his estate. The payments made to Kinney as his agent .would not be sufficient to discharge Thayer’s obligation to his estate, even if such payments were…
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