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.