Stimpson v. Minsker Realty Co.

Shearn, J. (concurring):

I concur in the reversal of this judgment upon the ground that, there being no obligation of the tenant surviving the termination of the lease by summary proceedings, the damages are fixed and certain at the time of the breach, and such damages are out of all proportion to the sum reserved, which, though called “liquidated damages,” is plainly a forfeiture or penalty.