A Treatise On the Law of Fraud And Mistake

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. Roberts, 7 Smed. & Mar.
544 ; Railroad Co. r. Rowe, 24 Wend. 74.
A vendor by bringing suit and recovering judgment for the purchase money, ratifies and confirms the sale. Nelson «. Carrington, 4 Munf. 332 ; Sanger v. Wood, 3 Johns. Ch. 416 ; Pettus v. Smith, 4 Rich. Eq. 197.
The matter of waiver is not a conclusion of law from any particular incident, but a conclusion of fact deducible from all the acts of a party as evidence of his intention.


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