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  • Levine v. Blumenthal

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    The plaintiff leased a retail property to the defendant for two years at $2,100 per year for the first year and $2,400 for the second year. During the second year, the defendant said they could only pay $2,100 or would declare bankruptcy and leave. The plaintiff verbally agreed to accept $2,100 for the second year. At the end of the second year, the defendant left without paying the last month's rent. The district court found for the plaintiff, and the defendant appealed. The appellate court affirmed, finding no consideration for the verbal agreement to accept a lesser rental rate since the plaintiff did not receive a benefit.

    Исходное описание:

    Contracts - Pre-Existing Duty: Modification of Executory Contract

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    The plaintiff leased a retail property to the defendant for two years at $2,100 per year for the first year and $2,400 for the second year. During the second year, the defendant said they could only pay $2,100 or would declare bankruptcy and leave. The plaintiff verbally agreed to accept $2,100 for the second year. At the end of the second year, the defendant left without paying the last month's rent. The district court found for the plaintiff, and the defendant appealed. The appellate court affirmed, finding no consideration for the verbal agreement to accept a lesser rental rate since the plaintiff did not receive a benefit.

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    Attribution Non-Commercial (BY-NC)
    Скачайте в формате TXT, PDF, TXT или читайте онлайн в Scribd
    Отметить как неприемлемый контент
    638 просмотров1 страница

    Levine v. Blumenthal

    Загружено:

    crlstinaaa
    The plaintiff leased a retail property to the defendant for two years at $2,100 per year for the first year and $2,400 for the second year. During the second year, the defendant said they could only pay $2,100 or would declare bankruptcy and leave. The plaintiff verbally agreed to accept $2,100 for the second year. At the end of the second year, the defendant left without paying the last month's rent. The district court found for the plaintiff, and the defendant appealed. The appellate court affirmed, finding no consideration for the verbal agreement to accept a lesser rental rate since the plaintiff did not receive a benefit.

    Авторское право:

    Attribution Non-Commercial (BY-NC)
    Скачайте в формате TXT, PDF, TXT или читайте онлайн в Scribd
    Отметить как неприемлемый контент
    из 1

    Case: Levine v.

    Blumenthal

    Parties: Plaintiff - Levine (appellee)


    Defendant - Blumenthal (appellant)

    Procedural History: District court judge found for plaintiff. Defendant appeals.

    Facts: defendant leased a retail property from plaintiff. Lease was for 2 yrs,
    rent $2,100 for the 1st year, and $2,400 for the 2nd yr. Tenant (defendant)
    financially set back and told the plaintiff they could not pay the rent increase
    for the 2nd yr and could only continue with the $2,100/yr or else they would have
    to declare bankruptcy & leave. Plaintiff agreed to accept the $2100 for 2nd yr
    (verbally). At the end of the 2nd year, defendant left plaintiffs property,
    without paying the last month's rent. Plaintiff suing for the last month's rent
    as well as the difference in the rent rate in the leasing agreement and that
    actually paid ($25/month + $200 for last month's rent).

    Issue: Was their consideration in the verbal agreement to accept a lesser rental
    rate?

    Holding: Affirmed. No consideration, no contract.

    Reasoning: No consideration. Plaintiff did not receive a benefit in consideration


    for agreeing to accept less rent.

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