Muller & Co v Bass & Co [1915] ZATPD 111 (24 June 1915)

Debtor and Creditor.-Deed of Composition.-Right to claim Forfeiture.-Waiver.

Where a creditor ha.a a right to treat a deed of composition as null and void in the event of the debtor's default in making payment on the due date,
the creditor must elect timeously whether he will claim the forfeiture or not; and if, the debtor having made default, the creditor continues to receive or 'to demand payment under the deed he will be held to have elected
to waive his claim to forfeiture 1:Jchuurman v Davey (1908, T.S. 664) applied.