Erickson v. Schuster

Supreme Court of Minnesota

Erickson v. Schuster

46 N.W. 914, 44 Minn. 441, 1890 Minn. LEXIS 393

Supreme Court of Minnesota·Decided November 1, 1890·Published·Cited by 1 cases

Opinion

By the Court.

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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By the Court.

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.

Erickson v. Schuster, 46 N.W. 914, 44 Minn. 441, 1890 Minn. LEXIS 393 (Mich. 1890).

Pincite

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Opinion

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