De Bairos v. Barlin

THE COURT

The petition for a hearing in this court is denied.

The opinion of the district court, in answer to the appellants’ proposition that the defendant was not entitled to *674rescind the contract while he was himself in default by nonpayment of installments due on the purchase price, says that “the vendors accepted overdue payments from time to time under the contracts, and thtus waived the provision that time was of the essence of the contracts.” (Italics ours.) The language we have italicized is not a correct statement of the law without further qualification.

[7] Acceptance of overdue…