Defendant filed a counterclaim for damages for deceit in an action brought by the vendor in a land contract. The facts showed that substantial payments had been made both before and after defendant's discovery of the fraud. The court held that defendant's performance of the contract subsequent to his discovery of the fraud constituted a "waiver" of the fraud. Monroe v. Hoffman, 276 Mich. 281, 267 N. W. 836 (1936).

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