In Lingenfelder v. Wainwright, the court held on exactly similar facts that the contract modification was unenforceable for lack of consideration.
This court holds that the modification is enforceable. It notes that the law has changed. The pre-existing duty rule no longer applies in cases of contract modification.
The court notes that:
The modern trend appears to recognize the necessity that courts should enforce agreements modifying contracts when unexpected or unanticipated difficulties arise during the course of the performance of a contract, even though there is no consideration for the modification, as long as the parties agree voluntarily.
These facts make it clear that the modification was voluntary:
After a public meeting of the city council where Maher explained in detail the reasons for his request and was questioned by members of the city council, the city council agreed to pay him an additional $ 10,000 for the year ending on June 30, 1968. Maher made a similar request again in June of 1968 for the same reasons, and the city council again agreed to pay an additional $10,000 for the year ending on June 30, 1969.
That is why as we noted eariler those facts are centrally important.
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