(concurring) — I concur in the result solely on the basis that plaintiff, having agreed in the first instance to waive timely payment of the 1967 installment, gave no new consideration in the written agreement wherein he promised only to do that to which he had already agreed.
The -unchallenged findings of the trial court establish that plaintiff-vendor waived timely payment of the 1967 principal installment when he accepted the 1967 interest payment. However, under the rule of Moeller v. Good Hope Farms, Inc., 35 Wn.2d 777, 215 P.2d 425 (1950), vendor remained in a position to declare a forfeiture for nonpayment of the principal installment by giving notice and allowing a reasonable time thereafter for defendant-purchasers to perform.
Plaintiff contends that the consideration supporting the written agreement of January 10, 1967, is the additional element of waiver of his right to declare a forfeiture for the balance of the 1967 crop year. If the agreement could *443properly be so construed, the required consideration would be present. Johnson v. S. L. Savidge, Inc., 43 Wn.2d 273, 260 P.2d 1088 (1953). However, such a construction would require a preliminary determination that the agreement is ambiguous. I find the language to be clear and unambiguous. The recited consideration, “seller agrees to waive the timely payment of the 1967 installment,” promises nothing more than plaintiff had agreed to previously when defendants made the January, 1967, interest payment. Thus, there was no new and independent consideration for the written agreement of defendants to include the hop allotment as part of the land. Johnson v. Tanner, 59 Wn.2d 606, 369 P.2d 307 (1962).
Stafford, J., concurs with Neill, J.
Petition for rehearing denied August 31, 1971.