Conditioner Leasing Corp. v. Sternmor Realty Corp.

Keating, J. (dissenting).

The decision of the majority seems to me to reach an inequitable result. It is not mandated by the prior decisions of this court.

Under the terms of a contract to lease 125 air-conditioning units at a stipulated monthly rental for a period of five years, appellant’s predecessor in interest agreed to an acceleration clause making the entire term balance due and payable upon any monthly default after notice and demand. Default occurred for June and July, 1964, and the then outstanding balance of $29,397.42 was declared due and payable. Thereafter, on July 15, 1964, the…