Weaver v. Bauer

I am unable to concur in the majority opinion. Conceding that the execution of a written contract and settlement of accounts were conditions precedent to an effective lease they, nevertheless, were conditions that could be, and were, waived by the plaintiff. His actions and conduct speak more clearly in this regard than do his contradictory pleadings and testimony. The terms of the *408lease were fully agreed upon by the parties which distinguishes the instant case from that of Palen v. Pierce, 44 S.D. 316, 183 N.W. 973. Performance of the conditions was not deemed essential to a lease until…