Erickson v. Schuster
This text of 46 N.W. 914 (Erickson v. Schuster) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In this action by a landlord to recover the monthly rent alleged to be due for the month of October, the complaint alleged that the term of the lease commenced on the 1st day of the preceding August. The proof showed that the term commenced on the 1st of September, and that the rent for that month had been [442]*442paid. The variance between the allegation and the proof was wholly immaterial, and the court did not err in disregarding it, and in finding the fact in accordance with the evidence. Gen. St. 1878, e. 66, § 121-
Order affirmed.
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Cite This Page — Counsel Stack
46 N.W. 914, 44 Minn. 441, 1890 Minn. LEXIS 393, Counsel Stack Legal Research, https://law.counselstack.com/opinion/erickson-v-schuster-minn-1890.