Porter v. Harrington

The plaintiff bought land from the defendants under an installment contract letting the defendants void the deal and keep all payments as liquidated damages if payments weren't made promptly; after paying on time for three years (during which one parcel was conveyed), the plaintiff fell behind, and the defendants accepted his late payments without objection for roughly four more years. When the plaintiff offered his usual late payment in November 1926, the defendants instead declared they had voided the contract months earlier and would keep all payments made as liquidated damages; the plaintiff then offered full payment, which the defendants refused, and sued for specific performance, winning at trial.