American Bowling Club, Inc. v. Kanefsky

Opinion by

Mr. Justice Allen M. Stearne,

Plaintiff corporation appeals from the decision of the court below striking off a judgment which plaintiff had entered by confession pursuant to a warrant of attorney contained in a lease between plaintiff-lessor and defendant-lessee. Plaintiff had entered judgment for accelerated rent for the balance of the term. It suffered, this judgment to be stricken off. Plaintiff then entered a second judgment for rent in arrears only. The court below struck off the second judgment.

Pertinent portions of the warrant of attorney in question read as follows: “If rent…