Daly v. Fitch

Defendant Terry Fitch appeals from a decree of strict foreclosure. He contends that, because plaintiffs routinely accepted late payments, they have “waived” their right to strict performance of the contract. He also contends that the trial court erred by entering the decree of strict foreclosure, because plaintiffs did not give defendant a reasonable time to cure the default. We affirm.

In 1974, plaintiffs sold a 9-unit apartment house by land sale contract. After a series of assignments, Fitch obtained the vendee’s interest in March, 1976. The contract contained this provision:

“Time is of the…