Webster v Varley [1915] ZATPD 119 (7 October 1915)

Debtor and creditor.-Right to claim forfeiture.-Waiver.

A creditor who claims a right to cancel a contract by reason of non-payment of instalments due thereunder is held to have waived his right to cancel if after
the right has accrued he takes judgment for the a.mount due ; and it is immaterial that at the date of the isme of summons the right had not yet accrued. The obtaining of judgment is consistent only with the continuance
of the contract, in the absence of express stipulation to the contrary.