Illinois Supreme Court June 18, 1908 (Smith v. Treat)

Mr. Justice Vickers

delivered the opinion of the court:

The theory upon which appellee seeks to recover payments made under these contracts is, that there was, in effect, a rescission of the contracts by the conduct of the parties. Appellee insists that appellant had waived his right to cjeclare a forfeiture of the contracts because payments were not promptly made.