Thomas v. Palmer

If agreement of June 21, 1922, required deed from defendant within one year, plaintiff waived strict compliance and action is prematurely brought. Evidence shows plaintiff offered to perform act essential to obtaining patent, and conveyance to him by defendant of patent title, and fully understood situation. Waiver does not necessarily imply one has been misled to his prejudice or into altered position; estoppel always involves this element. 40 Cyc. 257, n. 78. Waiver may be created by acts, conduct, or declarations insufficient to create technical estoppel. Idem, n. 82. Giving of…