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44 Minn. 441

Erickson v. Schuster

Supreme Court of Minnesota

Decided November 1, 1890

Supreme Court of Minnesota · decided 1890-11-01

Appeal by defendant from an order of the municipal court of St. Paul, refusing a new trial after a trial by the court and judgment of $60 ordered for plaintiff.

Cited by 1 later decisions — most recently November 1956

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1890-11-01

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By the Court.

¶1In 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 *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-

¶2Order affirmed.

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