Lamb v. Willis

Appellate Division of the Supreme Court of the State of New York

Decided March 6, 1908

Appellate Division of the Supreme Court of the State of New York · decided 1908-03-06

<p>Trespass — grantor not liable for trespass by purchaser of timber.</p> <p>A grantor is not liable for the trespass of one to whom, prior to the grant, he had sold the standing timber on the land by simple contract, if he did not direct or instigate the trespass.</p>

Relies on Wall v. Osborn

Decided 1908-03-06

Gaynor, J.:

¶1The trespass of Christ was not the defendant’s tort; he did not direct or instigate it. If after conveying to the plaintiff the defend*184ant had sold the timber to Christ the ease would be different (Wall v. Osborn, 12 Wend. 40). But as it is the defendant did nothing after he conveyed to the plaintiff and put her in possession to authorize the trespass. The subsequent entry of Christ cannot be made the act of the defendant through his bill of sale to Christ It creates no privity between the plaintiff and the defendant, nor does the defendant’s breach of his contract with Christ. •

¶2The judgment should be affirmed.

¶3Jenks, Hooker, High and Miller, JJ., concurred.

¶4Judgment affirmed, with costs.