Imperator Realty Company, Inc., Appellant v. Samuel P. Tull, Respondent

Summary

The New York Court of Appeals reversed the Appellate Division, affirming the trial verdict that the oral agreement modifying the written contract was enforceable and that the defendant was estopped from rescinding the contract after having consented to the modification. The court held that parol evidence of the waiver was admissible and that the defendant could not take advantage of his own omission.