Beckett v. City of Paris Dry Goods Co.
Supreme Court of California
96 P.2d 122 (1939)
Beckett (plaintiff) agreed to operate an eyeglass shop inside a City of Paris Dry Goods Co. (defendant) department store, paying 20 percent of his monthly sales for a three-year term; the agreement barred him from assigning "this lease" without the landlord's written consent. Two years in, City of Paris terminated the arrangement and had Beckett's equipment and merchandise removed. Beckett sued for unlawful eviction. City of Paris argued the deal was only a revocable license, letting it exclude Beckett at will, but the trial court found Beckett was a lessee who had been wrongfully evicted. Both sides appealed, City of Paris on liability, Beckett on the damages calculation.
Whether an agreement may be construed as a mere license when the evidence shows the parties actually intended to create a lease.