Beltinck v. Tacoma Theater Co.

Citations

• 61 Wash. 132
• 111 P. 1045
• 1910 Wash. LEXIS 1296

Syllabus

<p>Contracts' — Rescission—Defaults in Payment — Time oe Essence. Where a contract, in which plaintiff agreed to pay $175 dollars per month for the display of an advertising drop curtain in a theater, does not make time of the essence, time becomes of the essence of the contract on defendant’s demand for payment and threats to remove the curtain; . and where plaintiff remains in default, the defendant may rescind the contract and declare a forfeiture.</p> <p>Same — Waiver of Rescission — Acceptance of Payments. Acceptance after maturity of payments of monthly rent for the display of an advertising drop curtain in a theater, the rent being due in advance, does not waive the right to rescind the contract for defaults in payment, where the payments made were received after protest and frequent demands and repeated threats to remove the curtain.</p>