Meade v. Collins Realty Co.

Layton, J.:

There is authority for the proposition that where one party to a contract commits a minor breach in its performance which is brought to the attention of the other party, who deliberately excuses it, then the latter is deemed to have waived his right of action for damages. Restatement, Contracts, Section 411; Bye v. George W. McCaulley & Son Co., (Del. Super. 1908) 7 Penn. 115, 76 A. 621; Webster v. Beebe (Del. Super. 1910) 2 Boyce 16, 77 A. 769.

The Restatement, together with the illustrations, has this to say:

“The duty of a party to a contract to make compensation where he has…