As was the case in Country Kitchen Limited v. Wabush Enterprises Limited,  N.J. No. 3, the landlord by its actions: ... attempted "to have his cake and eat it, too", i.e. to enjoy the fruits of both forfeiture and distraint at the same time or at least whichever one suited its purpose. While, from a practical point of view, it is understandable that the landlord wished to protect its position as best it could, this, under the common law at least, it was not entitled to do so.
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