Long v. Clark

Citations

• 90 Kan. 535
• 135 P. 673
• 1913 Kan. LEXIS 260

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Vendor and Purchaser — Advance Payments — When Forfeited. Where partial payments are made on a purchase of land under an agreement that the sums paid shall be forfeited if final payment is not made at a fixed time and there is a default in the final payment and a forfeiture due only to the delay and fault of the purchaser he is not, in the absence of a waiver of the right of forfeiture, entitled- to recover back the partial payments previously made.</p> <p>2. - Granting Extension — Does Not Waive Forfeiture. The granting of an extension giving a purchaser the opportunity to pay the balance due on the land on a future specified date can not be regarded as a waiver of the right to insist on a forfeiture stipulation if payment is not made at that time. It is a general rule that' no mere indulgences or silent-acquiescence can be construed as a waiver of the right unless some element of estoppel is involved in the transaction.</p>