Levine v. Horwitz

Opinion by

Mr. Justice Arnold,

The plaintiff-lessors confessed against the defendant a judgment for accelerated rent. On defendant’s petition the court struck it off on the ground that the demised premises had been condemned by the United States of America prior to the confession.

The plaintiffs leased to the defendant the premises at 429 Walnut Street, Philadelphia, for a period of five years beginning the first day of November, 1950. The lease contained the following clause: “In the event that the premises demised. . . is taken or condemned for a public. . . use, this lease shall, as to the…