Reed v. Piatt Development Co.

Upon application for rehearing:. Defendant insists that whatever may have been the effect of the original agreement to repurchase the property from *316plaintiff, his acceptance of the second contract (which did not contain such provision) and payment of installments thereunder, constituted a waiver by him of the special agreement. This argument is based upon the theory that the contract of purchase by plaintiff, which provided that his rights thereunder would be forfeited by default in payment of the monthly installments for a period of three months, is inconsistent with the agreement of…