Schwartsman v. Wilmington Stores Co.

Harrington, J.,

delivering the opinion of the Court:—

The first question to be determined is whether the agreement declared on, whatever it may be termed in the declaration, is a lease, or a mere agreement to make a lease. But whatever its legal effect may be, that the plaintiff has expressly declared on the contract made by the parties is clear. If it be a lease, the full leasehold period, alleged to have been created, is within one year from the time such lease was entered into, and no question of its being a contract not to be performed within, one year from the making thereof is, therefore,…