Cole v. Hines

Citations

• 81 Md. 476
• 32 L.R.A. 455
• 32 A. 196
• 1895 Md. LEXIS 64

Syllabus

<p>Waiver of Forfeiture — Sales on the Instalment Plan — Election Between Inconsistent Rights.</p> <p>Where a party has a right either to rescind a contract or to continue it in force, his election when once made is final, and he cannot after-wards alter his determination.</p> <p>Where a contract for the sale of goods on the instalment plan provides that upon default of the buyer in paying any instalment the contract might, at the option of the seller, be annulled, and the latter entitled -to retake the goods, and the seller, after a default, promises to extend the time of payment of such instalment, such promise is a waiver oí his right to declare a forfeiture for that default, and he is not authorized to retake the goods until the expiration of the time so limited.</p>