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MEAD v. COLLINS REALTY CO.

75 A.2d 705 (1950)

MEAD et al. v. COLLINS REALTY CO.

Superior Court of Delaware, New Castle.

September 26, 1950.

Attorney(s) appearing for the Case

John M. Bader, of Wilmington, for plaintiffs.

Clyde M. England (of Killoran & Van Brunt), Wilmington, for defendant.

LAYTON, Judge.

There is authority for the proposition that where one party to a contract commits a minor breach in its performance which is brought to the attention of the other party, who deliberately excuses it, then the latter is deemed to have waived his right of action for damages. Restatement, Contracts, Section 411; Bye v. George W. McCaulley & Son Co., Del.Super.1908, 7 Pennewill 115, 76 A. 621; Webster v. Beebe...

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