Nanji Trading Co. Ltd. v. Survakant & Bros., Civ. App. 13-D-67, 15/11/67, Saudi J.

Nanji Trading Co. Ltd. v. Survakant & Bros., Civ. App. 13-D-67, 15/11/67, Saudi J.

Appellant required large amounts of petrol every month. Respondent agreed that appellant should have a discount of 20% on every gallon he purchased from plaintiff, provided each month’s account was settled by the 10^th of the succeeding month. After slightly less than a year, respondent ended the agreement and sought to recover the discount for each month in which the defendant had failed to pay by the 10^th of the next month.

            Held: (1) Respondent, by accepting payment as made (i.e. with 20% subtracted from the usual retail price of petrol) after the 10^th of several months, had thereby waived the original terms of payment. (2) Appellant is entitled to his discount despite the late payment n earlier months.