Opinion
March 25, 1929.
April 15, 1929.
Landlord and tenant — Lease — Confession of judgment — Compromise — Consideration — Exhaustion of authority — Striking off judgment.
1. Where a lease contains no authority to enter judgment for the entire term if the premises are destroyed by fire, a compromise agreement whereby the parties, after the fire, agree as to the amount for which judgment shall be entered, and the landlord releases all possible rental indebtedness, is based on sufficient consideration.
2. If judgment is entered on such compromise agreement, and the landlord subsequently enters judgment for an amount representing the rent due for the balance of the term, the second judgment will be stricken off.
Before MOSCHZISKER, C. J., FRAZER, SIMPSON, KEPHART, SADLER and SCHAFFER, JJ.
Appeal, No. 44, March T., 1929, by plaintiff, from order of C. P. Indiana Co., Sept. T., 1928, No. 380, striking off judgment, in case of Walter J. Lyda, for use of Blairsville Savings Trust Co., v. Thomas E. Edwards et al., doing business as the Josephine Supply Co. Affirmed.
Rule to strike off judgment. Before LANGHAM, P. J.
The opinion of the Supreme Court and the report of Lyda v. Edwards, 94 Pa. Super. 273, state the facts.
Rule absolute. Plaintiff appealed.
Error assigned, inter alia, was order, quoting record.
E. Walker Smith, for appellant.
W. M. Ruddock, James W. Mack and Harry W. Earhart, for appellee, were not heard.
Argued March 25, 1929.
This is an appeal from an order striking off a judgment by confession, entered on a warrant contained in a lease to defendants. The facts involved are sufficiently stated in Lyda v. Edwards, 94 Pa. Super. 273, where they came up on appeal from an order requiring a prior confessed judgment for the full amount of rent now claimed by appellant to be satisfied on the payment of a compromise sum agreed upon by the parties in interest. The written contract of compromise there set forth plainly contemplated the release of all possible rental indebtedness due by the tenant to the landlord, or claimed by the latter; such being the case, the present confession of judgment, — entered after the date of the order of the Superior Court, — was properly stricken off by the court below.
The order appealed from is affirmed at cost of appellant.