Mose Minor v. Chase Auto Finance Corporation

Summary

The court held that a secured creditor’s acceptance of late payments does not waive its contractual right to demand strict future compliance when the financing agreement contains both nonwaiver and no-unwritten-modification clauses. Because the opinion addressed only the certified legal question, it remanded the case to the court of appeals for consideration of the merits. WILLS, J., concurring, agreed with the answer but would have accepted and decided the entire case rather than remanding it.