IN RE MAILERS UNLIMITED, INC.

Bankruptcy No. 79-02125G, Adv. No. 80-0201G.

6 B.R. 238 (1980)

In re MAILERS UNLIMITED, INC., Debtor, John J. Valerio, Debtor, Jointly Administered as Mailers Unlimited, Inc., Debtor. MAILERS UNLIMITED, INC., Plaintiff, v. WORLDWIDE DIRECT MARKETING, Defendant.

United States Bankruptcy Court, E.D. Pennsylvania.

September 25, 1980.


Attorney(s) appearing for the Case

James A. Hartz, Fellheimer, Krakower & Eichen, Philadelphia, Pa., for the debtor/plaintiff Mailers Unlimited, Inc.

Stanley M. Poplow, Philadelphia, Pa., for the defendant Worldwide Direct Marketing.


OPINION

EMIL F. GOLDHABER, Bankruptcy Judge:

In this case we must decide whether the defendant entered into a contract with the debtor whereby the defendant agreed to pay $400 per month for the use of a piece of equipment it borrowed from the debtor. We conclude that a contract can be inferred from the conduct of the parties herein and that, consequently, the defendant is liable to the debtor for five months' rent (or $2,000) with interest.

The facts...

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