Schwartzman v. Wilmington Stores Co.

Rodney, J.:

The defendant contends the first count is based upon the demise itself and that the disclosure in the count that possession of the premises in question by the plantiff was never obtained defeats the cause of action. As indicating the necessity *9of possession by the lessee, reliance is made on Section 4532 of Code of 1915, which provides:

“Any contract, or consent, pursuant to which a tenant shall enter into, or continue in possession of lands, tenements, or hereditaments, under an agreement to pay rent shall be a demise.”

It is contended that this act is exclusive and that entry into…