New York Court of Appeals
James Dunn, Respondent v. Henry Strubing, Appellant
April 15, 1890120 N.Y. 232
Summary
The Court affirmed the judgment for the plaintiff, holding that a defendant who permits a contractor to continue performance after a missed deadline is estopped from asserting the time‑of‑essence clause as a defense, and that a contractual no‑waiver provision may itself be waived by conduct.