Trainor v. Worman

Gilfillan, C. J.1

Upon the argument of this case at the last April term, (Trainor v. Worman, 33 Minn. 484,) the court, acting on the decision in Mason v. Heyward, 8 Minn. 116, (182,) and other decisions of this court, following that case, held that a cause of action upon the contract set up in the complaint was admitted by the pleading of the counterclaim in the answer, and that, therefore, resort to the facts alleged in the reply was not necessary to enable plaintiff to recover, and that the departure in pleading was immaterial. Upon the filing of the opinion on that argument, the appellant…