Auernheimer v. Metzen

*644RIGGS, J.

Plaintiff appeals from a judgment denying him strict foreclosure of a land sale contract. The trial court held that plaintiff had waived his right to foreclose by accepting installment payments after he knew that defendants were delinquent in their obligation to pay property taxes. On de novo review, we affirm.

In April, 1985, plaintiff sold a parcel of real property to defendants by a land sale contract. The contract included a “time of the essence” clause and provided that defendants would pay “all taxes * * * promptly before the same or any part thereof became past due * * *.” In…