M.J.G. Properties, Inc. v. Hurley

How courts have described this case

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

• holding that existence of antiwaiver clause is one factor to examine in determining question of waiver
• stating that “we think the proper approach, and one which is in accord with our cases, is to look at the question of waiver as a question of fact in light of all the circumstances, including the existence of the antiwaiver clause”
• landlord waived breach by subsequently accepting rental payments; nonwaiver clause merely a circumstance to be considered with other circumstances in determining waiver
• “[W]e think the proper approach, and one which is in accord with our cases, is to look at the question of waiver as a question of fact in light of all the circumstances, including the existence of the anti[-]waiver clause.”

Source: CourtListener parenthetical corpus (CC0).