Ross

Defendant appeals from a decree quieting plaintiff’s title and foreclosing defendant’s interest as vendee in three pieces of real estate. It is appellant’s claim on this appeal that the provision in his contracts of purchase making time of the essence was waived by the conduct of plaintiff and that the said provision was not thereafter reinstated by a proper notice.

One contract covered a parcel known as lot number 9 and the other contract covered lots numbers 21 and 22'. Adding together the provisions of the two contracts, the agreements treated as one, provide as follows: Purchase price, $17,500; initial payment on date of contract, $7,150; second payment on or before June 23, 1923, $2,350; final payment January 15, 1924, $7,000, together with seven per cent interest on deferred payments, payable quarterly; vendee agreed to pay taxes and assessments; time was made of the essence of the contract; and for failure to comply with the terms of the contract vendee should forfeit all rights and vendor be released from all obligations. Appellant, the vendee in said contracts, made the initial payment of $7,150 by receipting for that amount due him from respondent as the final payment…