This section is from the book "The Law Of Contracts", by William Herbert Page. Also available from Amazon: Commercial Contracts: A Practical Guide to Deals, Contracts, Agreements and Promises.
Acceptance of methods of payment other than those provided for by the contract waives the covenants of such contract with regard to such payment.1 An agreement to accept a draft unconditionally is waived by accepting a draft which is accepted conditionally.2 A provision that an agent would indorse notes taken by him for his principal is waived by accepting notes indorsed by him without recourse.3 A provision to pay cash is waived by accepting a cognovit note,4 and a provision requiring certified checks to be given is waived by accepting uncertified checks.5 A provision fixing the place of performance is waived by acquiescing in a demand for performance elsewhere.6 A waiver of interest as to one overdue instalment, is not a waiver of interest upon instalments which subsequently are not paid at maturity.7
 
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