Starlite Limited Partnership v. Landry's Restaurants, Inc.

Seafood House's lease offer to Starlite (plaintiff) specified it would be withdrawn if not signed and returned by a deadline, and although Starlite signed and returned it after that deadline, Seafood House occupied the property and paid rent for years before vacating and stopping payment; Starlite sued guarantor Landry's (defendant) for the resulting damages, and the district court found Seafood House had waived the acceptance deadline through its subsequent occupancy and rent payments, entering judgment for Starlite.