The Court granted summary enforcement of a settlement deed under the Roberts jurisdiction, holding that the defendants' failure to pay the September instalment triggered an acceleration clause making the entire outstanding settlement sum immediately due and payable. The doctrine of substantial performance was held inapplicable to monetary payment obligations under a deed of settlement. The plaintiffs' post-default letter offering an indulgence to continue instalment payments while expressly reserving all rights did not constitute a waiver of enforcement rights, nor did it create an estoppel in the absence of evidence of reliance or detriment by the defendants. The absence of an irrevocable consent to judgment clause in the deed was not fatal to summary enforcement where the deed otherwise contemplated reinstatement and entry of judgment on default.
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