Wheeler v. Wheeler

CARLTON, Justice.

I

At issue in this case is the sufficiency of the jury charge on waiver where the evidence indicated that defendant continued performing his contractual duties and continued accepting plaintiff’s partial performance of her contractual duties for some eleven years after plaintiffs breach. We find that the jury charge was sufficient on the issue of waiver and reverse the Court of Appeals.

The judge charged the jury in pertinent part:

[D]id the defendant waive the express terms of the contract relating to his visitation rights? . . . Waiver is an intentional surrender of a known…