Duncan v. Lagunas

How courts have described this case

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

• holding that where the security deed requires no notice to accelerate and the promissory note is silent as to any notice to accelerate, then there is no conflict and the provision in the security deed should be enforced
• no mutual departure from contract when three late payments were accepted because the accepting party gave an “expression of displeasure,” which conveyed that he did not intend to waive the terms of the contract
• “[W]here the parties agree that in the event of default the creditor ‘may declare’ acceleration ‘without notice’ to the debtor,. . . notice of the declaration of acceleration need not be communicated to the debtor.”

Source: CourtListener parenthetical corpus (CC0).