Baehr v. Penn-O-Tex Oil Corp.

Baehr (plaintiff) leased gas stations to Kemp, who assigned the stations' receivables to Penn-O-Tex Oil Corp. (defendant), which took over managing the stations' finances. After learning Penn-O-Tex controlled Kemp's assets, Baehr wrote demanding rent and implying he would sue; Penn-O-Tex then told him by phone it would pay the rent owed, but never did. Baehr eventually sued Penn-O-Tex for the unpaid rent on a contract theory. A jury found for Baehr, but the trial court granted judgment notwithstanding the verdict for Penn-O-Tex, and Baehr appealed.