Thayer v. Rock
New York Supreme Court
Error from the Washington, common pleas. Rock sued Thayer in a justice’s court, in trover, for a quantity of wood. Thayer, by parol, sold to one Blake an undivided sixth part of a mill-site, and all the timber and irons belongingto the mill except a saw. Thayer, having no title to the premises except under a parol contract, gave written instructions to his vendor to convey the title to Blake.
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Error from the Washington, common pleas. Rock sued Thayer in a justice’s court, in trover, for a quantity of wood. Thayer, by parol, sold to one Blake an undivided sixth part of a mill-site, and all the timber and irons belongingto the mill except a saw. Thayer, having no title to the premises except under a parol contract, gave written instructions to his vendor to convey the title to Blake. The sale of the mill-site and timber was thus: Thayer and Blake made an exchange of property; Thayer gave Blake a pair of small oxen and the mill-site and timber, &c. for a pair of large oxen, Blake to…
1Opinion of the Court
By the Court,
Savage, Ch. J.
If the sale from Thayer to Blake was valid, he had no right to countermand the order or direction which he had given to Garrit to convey to Blake, *54Thayer clearly has no interest in the property. If he ever j j j~ j. j had any, it was by virtue of a, parol contract; and he conveyed away in like manner all his interest in the premises except the saw, and made a memorandum in writing in testimony of the sale made by him. If, however, the parol contracts in relation to the premises are all void, then the title of the mill-site and timber is still in the original owners.
T…
2Cited by20 opinions
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- Robson v. HarwellSupreme Court of Georgia · 1849
- In re the Estate of BuehlerNew York Surrogate's Court · 1945
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