Waiver of Right to Rescission Due to Acceptance of Late Installment Payments

An individual, having sold property under the condition of repayment in specific installments, subsequently failed to make the scheduled payments, leading the original vendor to seek resolution of the sale. The court ruled against the vendor's claim for rescission, reasoning that the seller had implicitly accepted the late payments, thereby waiving their right to demand strict adherence to the contract's original timeline for repayment, which negated the basis for terminating the sale agreement based on the initial breach.