Fogel v. Newberg

Flood, J.,

On June 13,1938, plaintiff and defendant executed a bailment lease agreement whereby the former agreed to furnish refrigeration equipment for defendant’s taproom at a stipulated monthly rental of $27.47. The lease also contained a warrant of attorney to confess judgment for an amount “equal to the whole of said total rental or any part unpaid under this lease whether the same shall be due and payable or not”. Subsequently, defendant attempted to repudiate this contract and refused to accept delivery of the equipment being held by plaintiff for him.

No payments having been made under…