McDowell v. Henry German Baking Co.

Opinion by

Keller, P. J.,

This was an action of assumpsit for rent of a garage for the four months beginning April 1, 1928.

Plaintiff relied on an informal writing with Kolb Bread Bakery, Inc., which showed on its face that it was an agreement to make a lease, rather than a lease itself. See Zook v. Zook, 104 Pa. Superior Ct. 374, 157 A. 355.

It contemplated a lease for one year from April 1, 1926, at a rental of $150 a month, “with the privilege of extending the lease four more years” at the same rental; and the execution of a formal lease after the “proper papers” had been drawn.

No formal lease…