Waldheim v. Sonnenstrahl

58 N.Y. St. Rep. 875

Opinion

Fitzsimons, J.

The plaintiff’s testimony certainly shows that he failed to comply covenant 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 testimonv also shows that defendant, after Ginn’s default, waived that provision; therefore, the judgment was right, and must be affirmed, with costs. All concur.