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.
A waiver of one breach does not amount to a waiver of other and subsequent breaches.1 Where a contract is payable in instalments, waiver of a breach by delay in paying earlier instalments is not a waiver of the right to require the subsequent instalments to be paid when due, if the promisor is not misled by the conduct of the promisee.2 This is especially clear where the party in default is notified that subsequent breaches will not be waived.3 Waiver of a breach by failure to pay a premium when due, as a ground of forfeiture, and giving an extension of time by taking a note therefor, does not waive a right secured by the contract to forfeit the policy if such note is not paid when due.4 The fact that a provision requiring performance at a specified time is waived, does not excuse the party in default from the duty to perform within a reasonable time thereafter.5 Paying certain instalments under a building contract, without the certificate of the architect or engineer, does not waive the owner's right to require such certificate before paying the final instalments.6 Making part pay-ments on a building contract does not of itself waive defects in performance so as to amount to a final acceptance of the work.7 Waiver of a provision of a contract as to the time of performance does waive provisions as to the method of performance.8 Under a contract to raise an employe's salary if he abstains from drinking and gambling, refraining from discharging him for the continuation of such condition does not waive the condition as to an increase of salary.9
20 Capper v. Manufacturers' Paper Co., 86 Kan. 355, 121 Pac. 519; St.
Regis Paper Co. v. Santa Clara Lumber Co, 180 N. Y. 80, 78 N. E. 701.
1 Carroll v. Mundy, - la. -, 4 A. L. R. 811, 170 N. W. 790; Disbrow v. Harris, 122 N. Y. 362, 25 N. E. 356; Patterson v. Glassmire, 166 Pa. St. 230, 31 Atl. 40.
2 San Francisco Bridge Co. v. Improvement Co., 119 Cal. 272, 51 Pac 335; Wilkinson v. Blount Mfg. Co., 169 Mass. 374, 47 N. E. 1020; Herman v. Gieseke (Tex. Civ. App.), 33 S. W. 1006; Beltinck v. Tacoma Theatre Co., 61 Wash. 132, 111 Pac. 1045.
3 Strauss v. Russell Co, 85 Fed. 589; Beltinck v. Tacoma Theatre Co., 61 Wash. 132, 111 Pac. 1045.
4 Thompson v. Insurance Co., 104 U. S. 252, 26 L. ed. 765.
5 Panoutsos v. Raymond Hadley Corporation , 2 K. B. 473 [affirming (1917), 1 K. B. 767]; Carroll v. Mundy, - la. -, 4 A. L. R. 811, 170 N. W. 790.