In 1919, Porter (P) made a contract with Harrington (D) to buy two parcels of land. Payment for each parcel was $60 down and $10 per month until paid in full. One parcel was conveyed to P in 1922 and the second remained unpaid with a balance of $578.54. From January 1923 until November 1926 P made partial and erratic payments totaling $160 with taxes. The contract was very strict about payment on time and had a liquidated damages clause for defaulting. During this time, D never voiced any kind of objection to the late payments. On November 9, 1926, P offered to pay $30 more on the contract and D refused stating that it was enforcing the contract provisions. P sued D. The trial court gave the verdict to P. D appealed.

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