Waldheim v. Sonnenstrahl

27 N.Y.S. 1133, 57 N.Y. St. Rep. 873

Opinion

FITZSIMONS, J.

The plaintiff’s testimony certainly shows that he failed* to comply with the covenant in the guaranty, which provided that defendant should be notified, by postal card, if Ginns did not pay five dollars each week, on account of the goods sold; but the testimony also shows that defendant,, after Ginn’s default, waived that provision; therefore, the judgment was-* right, and must be affirmed, with costs. All concur.