Pantry Pride Enterprises, Inc. v. Glenlo Corporation

MURNAGHAN, Circuit Judge:

A diversity action brought in the United States District Court for the District of Maryland presents the question of whether limitations had run on a claim by Pantry Pride Enterprises, Inc., the tenant, against Glenlo Corporation, the landlord, for refund of asserted overpayments of rent. The initial lease, executed on October 7, 1965, called for a percentage rent calculated as 1V2% of gross sales (with certain exclusions). A letter agreement of October 22, 1969 between Glenlo and a corporate predecessor of Pantry Pride called for a reduction to 1% of gross sales, but…