Question
Plaintiff borrowed $100,000 from Defendant, payable in monthly installments over 10 years. For the first three years, Plaintiff made all of his payments on time.
Plaintiff borrowed $100,000 from Defendant, payable in monthly installments over 10 years. For the first three years, Plaintiff made all of his payments on time. After that Plaintiff rarely made a payment on time, but the Defendant made no protest. After two years of accepting late payments, Defendant rejected a late payment and declared the contract terminated pursuant to provisions in the contract making time of each payment of the essence. There was a clause in the contract that stated: "No waiver of a breach or any term or condition shall be a waiver of any other or subsequent breach of the same or any other term or condition." If Plaintiff sues to enforce the contract, what will be the result?
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