Michel v. Efferson

*151On Rehearing

The majority opinion on rehearing is based upon the assumption that Mrs. Dumser, the .plaintiff, did not waive her right under the contract involved. That is exactly the position taken in this dissent, as hereinafter shown. “Modus et conventio vincunt legem” — The form of agreement and the convention of parties overrule the law. Both parties are bound by what they have solemnly covenanted. The contract involved is supposed to be commutative, but it is unilateral in form. The trial judge who heard and saw the witnesses, dismissed the plaintiff’s demands.

Since the contract of August…