Minnesota Supreme Court, 1890

Erickson v. Schuster

Minnesota Supreme Court · Decided November 1, 1890

44 Minn. 441; 46 N.W. 914; 1890 Minn. LEXIS 393 (Minnesota Reports)

Counsel

J. W. White, for appellant., Holcombe é O’Reilly, for respondent.

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(as of 9/30/2026)

Last cited by a Minnesota appellate court in 1956, among the opinions in this site’s citation index.

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Cases that cite this one

1 later published case cites this decision.

Craigmile v. Sorenson (Minn. 1956)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

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 *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.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.