Potter

The most important question on this appeal is, whether the verbal agreement which one of the plaintiffs testified was entered into on the 27th day of September, was a lease in presentí for a term of one year, to commence on the 1st day of October next ensuing, or whether it was only an agreement for a written lease to be thereafter executed. There is no conflict in the evidence to the effect that a written lease was to be executed, and that the agents of the lessor refused to make a verbal lease.

F. A. Potter, one of the plaintiffs, on cross-examination, was asked the question whether there was an understanding between the parties, that when they got through with the negotiations a written lease was to be made ? To which he answered: “ My understanding was that, when I rented the store in the morning, they told me that they would make out a written lease. I went *670 to occupy it with that understanding.” A. W. Potter, another of the plaintiffs, testified: “ I told him [Mercer] that we would be satisfied with a verbal lease, for that would hold it for the year at any rate. He says: Well, I can’t make the lease a verbal lease. I would have to see Mr. Davis. Whatever arrangements…