Levine v. Blumenthal

A landlord (plaintiff) leased a store to tenants (defendants) for two years at $175 per month the first year and $200 the second. As the tenants' business began failing near the end of the first year, they told the landlord they couldn't afford the increase, and the landlord agreed to hold rent at $175 "until business improved." The tenants paid $175 for 11 months of the second year, then vacated without paying the final month. The landlord sued for the $200 owed on the final month and the extra $25 per month for the other 11 months, and the district court ruled for the landlord; the tenants appealed.