A covenant in a lease provided:

" . . . that the filing of any petition in bankruptcy or insolvency by or against the Lessee shall be deemed to constitute a breach of this lease, and thereupon, ipso facto and without entry or other action by the Lessor, this lease shall become and be terminated; and, . . . the Lessor shall forthwith upon such termination be entitled to recover damages for such breach in an amount equal to the amount of the rent reserved in this lease for the residue of the term hereof less the fair rental value of the premises for the residue of said term."

The lessee having become bankrupt, the lessor filed its proof of claim under this clause, which the referee expunged; the judge affirmed the order. On appeal it was held that the lessor's claim was provable. A. W. Perry, Inc. v. Irving Trust Co. (manuscript opinion, C. C. A. 2d, 1934).