Arthur Treacher's Fish & Chips of Fairfax, Inc. v. Chillum Terrace Ltd. Partnership

Our opinion of the Court of Appeals’ opinion in the first appeal of Arthur Treacher’s v. Chillum Ter., 272 Md. 720 is obviously not shared by appellants. The “uncommon issue of when a lease is not a lease” was the liminal question answered in that case, in order to reach the more specific issue of what measure of damages should be used upon breach of a lease, the term of which had not yet begun.

Appellee, Chillum Terrace Limited Partnership (Chillum) had agreed with appellant, Arthur Treacher’s Fish & Chips of Fairfax, Inc. (Fairfax) to renovate its building to conform to a national image of…