National Investors Life Insurance v. Tudor

For over 30 years this court has accepted and applied a definition of waiver adopted in Sirmon v. Roberts, 209 Ark. 586, 191 S.W. 2d 824. We said:

*** A definition of “waiver” found in the Corpus Juris citation [67 C.J. 291] is “ * * * the voluntary abandonment or surrender, by a capable person, of a right known by him to exist, with the intent that such right shall be surrendered and such person forever deprived of its benefits; or such conduct as warrants an inference of the relinquishment of such right, or the intentional doing of an act inconsistent with claiming it. Thus, ‘wavier’ occurs…