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EUGENE A. DELLE DONNE AND SON v. ACS

No. 601, 2002.

821 A.2d 885 (2003)

EUGENE A. DELLE DONNE AND SON, L.P., Plaintiff Below, Appellant, v. APPLIED CARD SYSTEMS, INC. Defendant Below, Appellee.

Supreme Court of Delaware.

Decided: April 29, 2003.

Attorney(s) appearing for the Case

Janet Z. Charlton, Esquire, of Young, Conaway, Stargatt & Taylor, LLP, Wilmington, Delaware, for Appellant.

R. Stokes Nolte, Esquire, of Nolte & Brodoway, P.A., Wilmington, Delaware, and David L. Braverman, Esquire, and Helen M. Braverman, Esquire (argued), of Braverman, Daniels, Kaskey, Philadelphia, PA., for Appellee.

Before HOLLAND, BERGER and STEELE, Justices.

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 during 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...

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