Cue v. Johnson

Citations

• 73 Kan. 558
• 85 P. 598
• 1906 Kan. LEXIS 286

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contracts — Time of the Essence — Forfeiture. Courts abhor forfeitures, and will resort to any reasonable rule of construction to avoid them. But when in a contract for the sale of real estate it is stipulated that time shall be of the essence of the agreement, and a forfeiture upon default is provided for, such contract will be upheld and enforced, unless under the circumstances shown it would be grossly inequitable.</p> <p>2. -Right to Forfeit Must be Promptly Asserted — Waiver. When the right to declare a forfeiture under such a contract exists the party entitled thereto must assert his right, promptly, and his acts relating thereto must be unequivocal, and inconsistent with the continuance of the contract, or he: will be held to have waived such right.</p>