Guentner v. Gnagi

The letters written by the defendants’ agent, Mr. Scherer, to the plaintiffs do not sustain any finding of fact warranting the conclusion reached by the trial court that “the conduct of the defendants was not such as to estop them from complaining of the plaintiffs’ delay or constitute a waiver of delay.” On the contrary, there was no demand on the plaintiffs to finish the work within a specified and reasonable time by any notice of a determination to have a fixed result. The plaintiffs had every reason to believe that their method, slow and perhaps unsatisfactory as it was, would prove…