Greco v. Woodlawn Furniture Co.

Opinion by

Keller, J.,

This case was rightly decided in the court below. It is ruled by Grakelow v. Kidder, 95 Pa. Superior Ct. 250. We there decided that where a landlord elects to terminate a lease and recover possession by writ of habere facias, following confession of judgment in an amicable action of ejectment, he cannot also enter judgment against the tenant for the rent for the balance of the term which accrued after the judgment in ejectment, but became sooner payable under an acceleration clause in the lease for default in payment of prior instalments of rent. He cannot forfeit the…