Implied waiver

A waiver is implied where one party has pursued such a course of conduct with reference to the other party as to evidence an intention to waive his rights or the advantage to which he may be entitled, or where the conduct pursued is inconsistent with any other honest intention than ail intention of sack waiver, provided that the other party concerned has been induced by such conduct to act upon the belief that there has been a waiver, and has incurred trouble or expense thereby.

Ast-ritch v. German-American Ins. Co., 131 Fed.' 20, 65 C. C. A. 251; Roumage v. Insurance Oil,' 13 N. J. Law, 124.