Folsom v. Great Atlantic & Pacific Tea Co.

How courts have described this case

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

• finding that waiver could \certainly not\ be inferred as a matter of law when a lease contained a no-waiver clause
• stating that a waiver “is essentially a matter of intent which must be proved”
• “Whether the landlord has waived performance of the condition [in the Lease] is a question of fact.”
• “[A] party may waive his or her rights under an agreement or decree .. . .”
• \waiver is essentially a matter of intent which must be proved\ and \is an issue better suited to be decided at trial.\
• refusal to renew lease does not result in a forfeiture “but only in the loss of the privilege because the conditions precedent to enjoyment of the privilege have not been met.”

Source: CourtListener parenthetical corpus (CC0).