Questão jurídica principal
Whether the cantonal court arbitrarily found that the parties had not reserved written form for the lease contract.
Decisão extraída
The finding was not arbitrary; the evidence allowed the conclusion that written form was at most intended for proof, not as a condition for contractual binding force.
Fundamentação extraída
The court held that proof of a reserved written form under Art. 16 CO is a factual question subject to arbitrariness review. The tenant merely reargued the evidence. The circumstances relied on by the cantonal court—conduct of the parties, delivery of a lease form, use of the restaurant, investment and the signed note cancelling the takeover promise—made its conclusion defensible.