Angel v. Murray
Supreme Court of Rhode Island
322 A.2d 630 (1974)
Relevant factsFree
Maher's (defendant) refuse-collection contract with the city assumed steady growth of 20-25 new dwellings yearly, but an unanticipated increase of 400 new units after signing led him to request, and the city council to voluntarily approve, an additional $10,000 per year; a taxpayer (plaintiff) sued to recover the resulting $20,000 as an illegal payment lacking additional consideration under the traditional preexisting-duty rule.
IssueFree
Whether unexpected or unanticipated difficulties arising during the course of performance of a contract permit the voluntary modification of the initial contract by the parties even without additional consideration for the modification.