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ARTHUR TREACHER'S FISH & CHIPS OF FAIRFAX v. CHILLUM TER.

[No. 4, September Term, 1974.]

272 Md. 720 (1974)

327 A.2d 282

ARTHUR TREACHER'S FISH & CHIPS OF FAIRFAX, INC. ET AL. v. CHILLUM TERRACE LIMITED PARTNERSHIP

Court of Appeals of Maryland.

Decided November 4, 1974.

Attorney(s) appearing for the Case

Harvey R. Clapp, III, with whom were Venable, Baetjer & Howard on the brief, for appellants.

Stanley H. Kamerow for appellee.

The cause was argued before SINGLEY, SMITH, DIGGES, LEVINE, ELDRIDGE and O'DONNELL, JJ.

LEVINE, J., delivered the opinion of the Court.

We are presented here with the uncommon issue of when a lease is not a lease. Following the announcement by appellant, Arthur Treacher's Fish & Chips of Fairfax, Inc. (Fairfax), that it would not occupy the restaurant building being renovated for it by appellee on the latter's premises, an action was brought against Fairfax for unpaid rent. The trial judge (Bowie, J.) held that the instrument which had been executed...

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