Publisher's Synopsis
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1917 edition. Excerpt: ...payments were not made promptly in_ advance as provided by the contract, was lost by an unreasonable delay as to an installment due Sept. 19, and notice of rescission was not given until Dec. 1st, following. 3. Same; Grounds; All Dem-ands.--Although a lessor had previously accepted tardy payments, an agreement that a contract in installment due Nov. 19, should be paid Nov. 30, was a sufficient demand for payment to support a rescission for non payment on Dec. 1st. 4. Same; Waiv.er.--Where the lessor rescinded a charter contract for a payment previously due, it was not inconsistent to subsequently accept such overdue payment. 5. Same.--_Where a contract of installment was paid to the lessor's recently discharged agent who forwarded it to the lessor, stating that it was paid and accepted for a new period of extended service, the lessor's retention thereof was a waiver of prior default. 6. Arbitration and Award; Review; Scope.---Although the question submitted for arbitration may have been limited to whether defendant had a right to rescind the contract, and not to include whether he waived such right, yet the waiver question will be decided where it has been contesteu throughout the conduct of the cause. 7. Same; Entry of Judgment.---Where the complaint both denied defendant's right to rescind the contract, and alleged his subsequent waiver of any such right, an award which merely ascertained the rightfulness of defendant's notice of withdrawal on the day it was given, determined only a part of the issues, and the court was without authority to enter a summary final judgment in favor of defendant on the award. 8. Same.--In such a case, the submission of the question of right to rescind to arbitration and an award...
