Dillingham Commercial Co., Inc. v. Spears

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that vendor responsible for contract delay is entitled to purchase price and interest
• finding an implied waiver despite a \non-waiver\' clause stating that \[olnly waivers in writing executed by Landlord shall be effective. No delay or omission on the part of Landlord in exercising any of its rights shall operate as a waiver of such right or any other right.\
• landlord’s long acquiescence constituted waiver of right to claim breach of lease for late rental payments despite nonwaiver clause in lease
• landlord’s long acquiescence in tenant’s late rent payments constituted waiver of right to claim default
• ‘‘[a]fter years of accepting late rental payments [the lessor] cannot claim that the default attending such late payment excuses her from performing under the purchase option’’
• “[T]he extreme remedy of forfeiture is an inappropriate form of relief for the mere late payment of rent, particularly where Spears failed to object to Dillingham’s slowness over the course of nine years.” (footnote omitted)

Source: CourtListener parenthetical corpus (CC0).