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Levine v. Blumenthal

Supreme Court of New Jersey
186 A. 457 (N.J. 1936)


Facts

Plaintiff leased a store to the defendant for a term of two years. Rent was $175 per month for the first year and $200 per month for the second year. Toward the end of the first year, the defendants’ business started to fail and they told the plaintiff that they would not be able to pay the increased rent. The plaintiff agreed to keep the rent at $175 per month “until business improved.” The defendants paid $175 per month for 11 months of the second year of the lease and then vacated the building without paying the final month’s rent. The plaintiff brought suit to recover $200 in rent for the final month and $25 per month (the difference in the rent in the contract and the rent subsequently agreed to by the plaintiff) for the 11 other months in the second year of the lease. The district court ruled in favor of the plaintiff. The defendants appealed.

Rule of Law

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Issue

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Holding and Reasoning (Heher, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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