Perry Square Realty, Inc. v. Trame, Inc.
Superior Court of Pennsylvania
1Opinion of the Court
JOHNSON, Judge.
In this appeal, we are asked to determine whether the guarantors under a commercial *1321lease are entitled to liquidated damages pursuant to 42 Pa.C.S. § 8104(b) where judgment was confessed against them under a warrant of attorney contained in the lease. We conclude that the provisions of § 8104 were not triggered in this case, even though the judgment was confessed without proper authority, because the judgment creditor had not received satisfaction at the time the written request for satisfaction was made. Accordingly, we affirm the order that denied relief upon a petition to…
2Cases cited5 opinions
- Ford Motor Credit Co. v. LototskyDistrict Court, E.D. Pennsylvania · 1982
- Frantz Tractor Co. v. Wyoming Valley NurserySupreme Court of Pennsylvania · 1956
- Reuter v. Citizens & Northern BankSuperior Court of Pennsylvania · 1991
- SOLEBURY NAT. BK., NEW HOPE v. CairnsSuperior Court of Pennsylvania · 1977
- Caplan v. SeidmanSuperior Court of Pennsylvania · 1964