Zwick v. Lodewijk Corporation
Court of Appeals of Texas
847 S.W.2d 316 (Tex. App. 1993)
A non-waiver provision may be some evidence of non-waiver but may itself be waived like any other contractual provision.
Relevant Facts
Rosie Zwick (defendant) leased office space from the Lodewijk Corporation (Lodewijk) and the Harry S. Miller Company (Miller) (plaintiffs). Zwick often paid rent later in the month, though it was due at the beginning under the lease terms. The lease included a non-waiver clause stating that the plaintiffs’ failure to act on any default does not waive the default.
Issue
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Holding & Reasoning
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Concurrence
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Dissent
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Last updated:
December 8, 2023
Judicial Opinion
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Procedural History
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Citations
847 S.W.2d 316 (Tex. App. 1993)