If the vendor, even after declaring a forfeiture of the contract, pursues a course of conduct inconsistent with a severance of contractual relations with the vendee, he thereby waives such forfeiture or the right to declare one, thus dealing with the vendee as though the contract existed, by demanding payment after repeated default on the part of the vendee, or by a conditional demand for the property as by notifying the vendee he must pay up or get out, thereby giving him the right to either pay up or surrender the premises, or by acceptance of one or more payments due on the contract, or by starting a suit to foreclose the vendor's lien, any of these acts affirm the existence of the contract and waives and default previously made by the vendee, and even waives any previous declaration of forfeiture.23

23. "In relation to these, we may say that the evidence convinces us that the complainants did refuse to perform the contract according to its strict letter, and defaulted in payment when they declined to pay the amount due at the time the deed was tendered. Thereupon Mitchell served notice with a view to terminating the contract. Whether, under the terms of the contract, this notice was a sufficient one to support proceedings at law to enforce a forfeiture,

Where the vendor had neglected to furnish an abstract as he agreed, at the date named for closing the transaction, and both parties continued thereafter to negotiate without claiming a forfeiture, they may, by such conduct, thereby waive the failure to close such transaction on the appointed day.24

The parties may by oral agreement extend the time for payment as provided in the contract, and if this is done, the vendor thereby waives the right to declare the contract forfeited or rescinded if payments are made in accordance with such oral agreement.25

After a vendor has elected to forfeit a contract he cannot thereafter maintain an action for the purchase price.26 Having elected to terminate the contractual relations between himself and the vendee, he thereby waives any action which is predicated upon existence of the contract.27 we need not inquire, as no such proceedings were taken by Mitchell. On the contrary, he chose to treat the contract as continuing, and began proceedings with a view to enforcing its provisions, by collecting the contract price, through foreclosure of the vendor's lien. We must, therefore, conclude that any meditated forfeiture was waived, the effect of the notice was nullified and the status of complainants thenceforth was that of vendees in default." Old Second National Bank v. Savings Bank, 115 Mich. 553; Maday v. Roth, 160 Mich. 290; John v. McNeal, 167 Mich. 151.

24. Frazer v. Hovey, 195 Mich. 160.

25. Bugajski v. Siwka, 200 Mich. 415.

26. Maday v. Roth, supra.

27. Goodspeed v. Dean, 12 Mich. 352. Where a vendee having on

-default by the vendee, elected to treat as void a contract which he had given for the sale of lands and having given the vendee notice to quit, must be regarded as having relinquished his right to the amount then due on the contract. He cannot treat the contract as void in respect to the rights which it secured to the vendee, and valid in respect to those which it secured to himself.

One who with knowledge of facts which, would enable him to rescind a contract accepts benefits under it is estopped from thereafter assailing its validity. 15 N. D. 239-107 N. W. 45.

A vendor who has once waived a forfeiture incurred or declared can not again insist on such forfeiture except in case of a subsequent default, not within the perview of the waiver. Moffett v. Oregon & C. R. Co., 80 Pac. 489, 46 Or. 443.

See also, Walsh v. Ford, 277 Ex. Civil App. 573, 66 S. W. 854.

Where vendee told a vendor that as to an overdue payment he would try to raise it in a few days and vendor said nothing, held a waiver of the default in meeting payments promptly. Cue v. Johnson, 85 Pac. 598-73, Kan. 558.