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TENREED CORPORATION v. PHILADELPHIA FOLDING BOX COMPANY (03/31/77)

decided: March 31, 1977.

TENREED CORPORATION, APPELLANT,
v.
PHILADELPHIA FOLDING BOX COMPANY, DEFENDANT, AND CHARLES BENJAMIN, INC., AND CONTINENTAL BANK, GARNISHEES



Appeal from the Order dated May 7, 1976, of the Court of Common Pleas, Philadelphia County, at No. 2504 November Term, 1975. No. 1867 October Term, 1976.

COUNSEL

Miles Warner, Warner & Huntington, Philadelphia, for appellant.

Edwin L. Scherlis, Philadelphia, for appellee.

Watkins, President Judge, and Jacobs, Cercone, Price and Van der Voort, JJ. Price, J., dissents; Hoffman and Spaeth, JJ., took no part in the consideration or decision of this case.

Author: Jacobs

[ 246 Pa. Super. Page 437]

This is an appeal from an order of the lower court striking off a judgment confessed by appellant Tenreed

[ 246 Pa. Super. Page 438]

Corporation against Philadelphia Folding Box Company, appellee, for the amount of $50,400.00. We are convinced that the judgment was improperly stricken, and reverse.

The parties originally entered into a lease agreement for the rental of a commercial property in Philadelphia, effective December 1, 1963, for ten years at an annual rent of $21,000.00. The 1963 lease contained a provision for the continuation of the lease on the same terms and conditions for an additional year if neither party gave ninety days written notice of intent to determine the lease at the end of the original ten years.*fn1 The lease also contained covenants to the effect that lessee, Philadelphia Folding Box, would not remove property from or vacate the premises during the term of the lease,*fn2 and that if such covenants were violated, rent for the entire term of the lease would be immediately due. Further, the lease contained a clause authorizing confession of judgment for rent for the unexpired balance of the term

[ 246 Pa. Super. Page 439]

    of the lease whenever such rent was due and had not been paid.*fn3

At the end of the original ten years, the parties entered into a writing which extended the term of the lease an additional year, until November 30, 1974, at an annual rent of $36,000.00. This writing made a few minor amendments to the original lease, but expressly stated that all other terms and conditions of the 1963 lease were to continue in effect.*fn4 The writing also stated that the ninety day ...


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