Legal Opinion

Eugene A. Delle Donne & Son, L.P. v. Applied Card Systems, Inc.

Supreme Court of Delaware

Decided April 29, 2003No. 601, 2002PublishedCited by 4 opinions

1Opinion of the Court

BERGER, Justice.

This appeal involves a commercial landlord’s attempt to confess judgment against its tenant. The Superior Court granted the tenant’s motion to vacate the judgment, holding that the confession of judgment clause did not apply to the tenant’s failure to pay rent diming the holdover period after the expiration of the original lease term. The trial court also held that an amendment to the original lease did not effectively incorporate the confession of judgment clause into the amended lease, which covers different space for a term expiring in 2007. We agree with the trial court’s…

2Cases cited3 opinions

  1. Northwestern National Insurance v. Esmark, Inc.Supreme Court of Delaware · 1996
  2. Egyptian Sands Real Estate, Inc. v. PolonySupreme Court of Pennsylvania · 1972
  3. Rhoads v. MitchellSuperior Court of Delaware · 1946

3Cited by4 opinions

  1. Chicago Bridge & Iron Company N v. v. Westinghouse Electric Company and WSW Acquisition Co.Supreme Court of Delaware · 2017
  2. Bergmann v. SH Parent, Inc.Superior Court of Delaware · 2023
  3. Chicago Bridge & Iron Company N v. v. Westinghouse Electric Company and WSW Acquisition Co.Supreme Court of Delaware · 2017
  4. Chicago Bridge & Iron Company N v. v. Westinghouse Electric Company and WSW Acquisition Co.Supreme Court of Delaware · 2017

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