McKenna v. Vernon
Supreme Court of Pennsylvania
101 A. 919 (Pa. 1917)
Relevant factsFree
McKenna (plaintiff) contracted to build a movie theater for Vernon (defendant) for $8,750, with payment contractually conditioned on the architect certifying the work was properly completed. Vernon paid McKenna a total of $6,000 in several installments but only once actually requested the required architect certification before paying; the architect testified the theater was substantially complete and that he simply hadn't been asked for certifications the other times. When McKenna sued for the remaining $2,750, the trial court awarded him $2,500, and Vernon appealed.
IssueFree
Whether a party who repeatedly waives a contract provision made for his own benefit may later seek to enforce that provision.