Levine v. Blumenthal

186 A. 457 (1936)

Quick Summary

Levine (plaintiff) leased a store to Blumenthal (defendant). Struggling with business, Blumenthal could not afford increased rent, and Levine verbally agreed to keep it lower “until business improved.” The dispute arose when Blumenthal vacated without paying increased rent as per the original lease.

The issue was whether an oral agreement without new consideration could alter a lease contract’s terms. The Supreme Court of New Jersey concluded that no binding modification occurred without fresh consideration.

Facts of the Case

Levine (plaintiff) leased a retail store in Paterson’s primary business district to Blumenthal (defendant) for two years. The agreed rent was $175 per month for the first year and was scheduled to increase to $200 per month for the second year. As the first year neared its end, the defendants’ business struggled significantly, prompting them to inform the plaintiff that they could not afford the upcoming rental increase.

In response, the plaintiff consented to maintain the rent at $175 per month “until business improved.” Under this new arrangement, the defendants continued to pay $175 monthly for eleven months into the second year before vacating the premises without paying for the final month.

Procedural Posture and History

  1. The plaintiff filed suit in the district court to recover rent for the twelfth month and the additional $25 per month for eleven months, representing the difference between the initially contracted rent and the renegotiated amount.
  2. The district court ruled in favor of the plaintiff.
  3. The defendants appealed against this decision to the Supreme Court of New Jersey.

I.R.A.C. Format


Whether an oral agreement to reduce rent, which lacks a new and independent consideration, can modify an existing lease contract and create a binding obligation.

Rule of Law

An agreement altering contract terms must rest upon a new and independent consideration to impose a contractual obligation.

Reasoning and Analysis

The Court reasoned that a contract modification requires a new consideration not already part of a legal duty owed by one party to another. The defendants’ promise to continue paying a lesser rent, which they were already obligated to pay under different terms, did not constitute a new consideration.

Although practical concerns like economic hardship were presented by the defendants as reasons for their inability to honor the original lease terms, these do not legally justify modifying a contract without fresh consideration. The Court maintained that while the actual performance of an altered agreement might sometimes be recognized in cases where there is a genuine dispute or unliquidated debt, this does not apply when there is no new consideration.

Therefore, even though some payments had been made and accepted under the revised terms without valid consideration, there was no legally binding lease modification.


The Court affirmed that without valid consideration for the oral agreement to reduce rent, no legal obligation was created and thus no valid defense against claims by the landlord according to original lease terms.

Key Takeaways

  1. A contract modification requires new, independent consideration.
  2. Economic hardship does not constitute legal justification for modifying a contract without new consideration.
  3. Payments made under an unenforceable modification do not establish a binding alteration of contract terms.

Relevant FAQs of this case

Does economic hardship alone justify changing contractual terms?

Economic hardship alone is not sufficient.

  • For example: If a tenant faces financial challenges, they can’t unilaterally reduce rent without offering something new in return.

When does the Court accept payments under unenforceable modifications?

The Court accepts payments if no valid consideration is provided.

  • For example: A tenant pays reduced rent without a new agreement; the Court acknowledges the payment but doesn’t enforce the modified terms.

How does consideration bolster contractual stability?

Consideration, like an exchange of value, ensures fairness and stability.

  • For example: A party promising more services in exchange for a contractual change establishes a balanced foundation for the modification.
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