Triplett v. Davis

Prank Holt, Associate Justice.

This litigation results from the forfeiture of a land contract. The Chancellor’s decree required the appellant to convey the lands in question to the appellee, Martha McCoy. On appeal the question presented is whether the appellant waived his right to enforce the forfeiture provision in the contract.

In 1954 appellee, Martha McCoy, and her husband entered into a “Rental Contract and Option to Purchase” eighty acres from the appellant. Later appellee McCoy acquired her husband’s interest. The contract was for a period of fifteen years providing for an annual rental…