Planters Gin Co. v. Rea

How courts have described this case

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

• explaining that failure to pay the “primary consideration” under an agreement is a material breach
• explaining that, regardless of non-waiver provision, if nonbreaching party continues the contract after a breach, it loses its right to enforce the initial breach, but retains the right to terminate the contract for subsequent breaches
• explaining that, notwithstanding no-waiver clause, where non-breaching 5 party continues to perform or accept performance after breach, it loses right to terminate contract based on prior breach and only retains option to terminate based on subsequent breach
• noting that no-waiver clauses “are uniformly enforced”
• one party’s “subjective intention or willingness to perform its obligations is irrelevant”
• “When a party materially breaches a contract, the non-breaching party must choose between two remedies: it can elect to terminate the contract or continue it. If it chooses the latter course, it loses its right to terminate the contract because of the default.”

Source: CourtListener parenthetical corpus (CC0).