where plaintiff alleged breach by defendant, subsequently refused to perform, and then relented and performed, defendant’s acceptance of plaintiffs performance estopped defendant to rely on plaintiffs initial refusal
How later courts described this case
- where plaintiff alleged breach by defendant, subsequently refused to perform, and then relented and performed, defendant’s acceptance of plaintiffs performance estopped defendant to rely on plaintiffs initial refusal
Written by the judges who cited it.
The opinion
Agree to affirm with modification reducing interest to six per cent from January 1, 1880 ; no opinion. '
All concur, except Beckham, J., not sitting.
Ordered accordingly.