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

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 by the above-named parties, and which had been guaranteed on behalf of Fairfax by appellant, National Fast Food Corporation (National), was a lease. For the breach thereof by…