Nature of the Case
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Facts
Levine (P) leased commercial space to Blumenthal (D) for $2,100 the first year and $2,400 the second year. Before the expiration of the first year, D told P that it was absolutely impossible for them to pay any increase in rent. P allowed D to remain at the lower rent rate until business improved. D eventually vacated the premises before the last month of the second year and P sued for the last month's rent and the back rent due under the increase for the second year. The trial court found that the agreement had been modified but that it had not been supported by lawful consideration. D appealed.
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