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 Thus an agreement to accept a draft unconditionally is waived by accepting a draft which is accepted conditionally.2 So 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 So 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 So a provision fixing the place of performance is waived by acquiescing in a demand for performance elsewhere.6

11 Hall v. Ins. Co., 23 Wash. 610; 83 Am. St. Rep. 844; 51 L. R. A. 288; 63 Pac. 505.

12 Ashley v. Telephone Co., 25 Mont. 286; 64 Pac. 765.

13Dodd v. Churton (1897), 1 Q. B. 562; Texas, etc., Ry. v. Rust, 19 Fed. 239.

14Vanderhoof v. Shell, 42 Or. 578; 72 Pac. 126; Lilly v. Person, 168 Pa. St. 219; 32 Atl. 23.

15 Focht v. Rosenbaum, 176 Pa. St. 14; 34 Atl. 1001.

16 Mitchell v. Dougherty, 90 Fed. 639: 33 C. C. A. 205.

17 Warren-Scharf Asphalt Paving Co. v. St. Paul, 69 Minn. 453; 72 N. W. 711.

18 Drown v. Ingells, 3 Wash. 424; 28 Pac. 759.

1 Plummer v. Kelly, 7 N. D. 88; 73 N. W. 70. Method of weighing ore to determine royalty due under a mining lease. American Manganese Co. v. Manganese Co., 91 Va. 272; 21 S. E. 466.

2 Ryalls v. Moody, 102 Ala. 519: 15 So. 240.