Galloway v. Kerby

We are of opinion that upon the agreed statement of facts, the plaintiff was not entitled to recover rent of the defendant, upon the basis of seventy-five ‘dollars per month. Such a right of recovery could, under the circumstances, arise only upon privity of contract; and mutual assent is the fundamuital principle of all contracts. That this principle applies in the cases of alleged liability on the part of tenants to pay increased rent, in accordance with the terms of such a notice, given by the landlord to the tenant, as that of April 12th, 1880, in this case, has been assumed in every well…