Wharton v. Anderson
Supreme Court of Minnesota
On April 1, 1874, the defendant entered into a written lease with the plaintiffs, whereby he covenanted to pay rent for certain premises in the city of St. Paul, owned by plaintiffs, at the rate of $250 per month, for the term of five years from date. In the fall of 1874, at the request of defendant and on condition of prompt payment, plaintiffs reduced the rent to $208.33 per month, and shortly after made a further reduction to $150 per month on the same conditions.
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On April 1, 1874, the defendant entered into a written lease with the plaintiffs, whereby he covenanted to pay rent for certain premises in the city of St. Paul, owned by plaintiffs, at the rate of $250 per month, for the term of five years from date. In the fall of 1874, at the request of defendant and on condition of prompt payment, plaintiffs reduced the rent to $208.33 per month, and shortly after made a further reduction to $150 per month on the same conditions. Under this arrangement defendant paid rent to December 1, 1876, taking receipts for $250 per month, though actually paying but…
1Opinion of the CourtClark, J.
A gratuitous parol promise by a lessor to accept for rent, from a lessee in possession of the leased premises under a lease for a term of years, a less sum than the lessee covenants by the lease to pay, cannot be enforced, and the lessor may, notwithstanding such promise, insist upon the payment of the amount so covenanted to be paid. This proposition rests upon the principle that a valid contract must be supported by a consideration, and a contract to modify the obligations imposed by a former binding contract be*303tween the parties, whether executed or executory, requires a consideration as…
2Cases cited6 opinions
- Perkins v. HartSupreme Court of the United States · 1826
- Young v. . HillNew York Court of Appeals · 1876
- Lockwood v. . ThorneNew York Court of Appeals · 1858
- Ruffner, Donnally & Co. v. Hewitt, Kercheval & Co.West Virginia Supreme Court · 1874
- Hutchinson v. Market Bank of TroyNew York Supreme Court · 1867
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Meagher v. KavliSupreme Court of Minnesota · 1958
- Dodson v. WatsonTexas Supreme Court · 1920
- Carrano v. ShoorSupreme Court of Connecticut · 1934
- C. S. Brackett Co. v. LofgrenSupreme Court of Minnesota · 1918
- Harman & Crockett v. Maddy Bros.West Virginia Supreme Court · 1905
7 more not listed; retrieve them via the Exa API.