Alderman v. Davidson
Supreme Court of Oregon
954 P.2d 779 (Or. 1998)
Relevant factsFree
The plaintiff seller sold land on an installment contract requiring the defendant buyer to also pay property taxes and forward receipts; the buyer routinely paid installments late (always accepted despite warning letters) and failed to pay taxes for four straight years without the seller objecting until she finally declared default and began foreclosure, after which the buyer made several more installment payments the seller's escrow agent accepted.
IssueFree
Whether a party's waiver of the right to enforce one contract provision can constitute waiver of the right to enforce a different provision of the same contract, where the party's overall conduct is inconsistent with strict performance.
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