Maul v. Steele
Supreme Court of Minnesota
Action in the municipal court of Minneapolis to recover $220, and interest, for services rendered at defendant’s request between March 24 and June 1, 1898. Defendant pleaded an account stated and payment.
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Action in the municipal court of Minneapolis to recover $220, and interest, for services rendered at defendant’s request between March 24 and June 1, 1898. Defendant pleaded an account stated and payment. The case was tried before Dickinson, J., who found as facts that during a period of twelve years prior to June 1, 1898, plaintiff rendered services to defendant at his request for a stipulated salary, and that on that day there was due plaintiff $901,72 on account thereof; that no part of this sum has been paid except $681.72, $80 of which was paid in April, 1902. The court ordered the…
1Opinion of the CourtJaggard, J.
In this case the court found a state of facts upon which the plaintiff was entitled to recover, and directed an amendment to the pleadings to conform to such facts. These findings were reasonably sustained by the evidence. This appeal was based on the proposition that there was not a mere variance between the pleadings and proof, but a failure of proof of the cause of action set up in the complaint, which could not be cured by amendment. The only material objection to evidence offered was that one question was “incompetent, irrelevant, and immaterial.” This objection was too general in…
2Cases cited4 opinions
- Board of County Commissioners v. American Loan & Trust Co.Supreme Court of Minnesota · 1899
- Adams v. CastleSupreme Court of Minnesota · 1896
- Lemon v. De WolfSupreme Court of Minnesota · 1903
- Gaar, Scott & Co. v. BrundageSupreme Court of Minnesota · 1903
3Cited by1 opinion
- Troutman v. GatesSupreme Court of Minnesota · 1920