Nelson v. Thompson
Supreme Court of Minnesota
By lease under seal the plaintiff demised to defendants a «dwelling-house in St. Paul, for the term of one year from June 1, 1874, at the rent of $40 per month, which the defendants covenanted to pay monthly, in advance.
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By lease under seal the plaintiff demised to defendants a «dwelling-house in St. Paul, for the term of one year from June 1, 1874, at the rent of $40 per month, which the defendants covenanted to pay monthly, in advance. The plaintiff brought this action in the court of common pleas of Ramsey county, to recover the rent for the mouths of February, March, and April, 1875, alleging that no part thereof' had been paid except the sum of $13.33 paid on account of' the rent for February, and $30 paid on account of rent for April. Among other defences the defendants pleaded an agreement made in…
1Opinion of the CourtCornell, J.
The point of alleged variance between the complaint and the evidence is one that, had it been made in the district court, might, and in the rightful exercise of its discretion ought, upon motion, to have been obviated. It comes too late, therefore, to be considered on this appeal. Babcock v. Sanborn, 3 Minn. 141; Washburn v. Winslow, 16 Minn. 33.
Under the testimony two separate and distinct issues were raised, the determination of either of which in defendants’ favor would, as it is claimed, have entitled them to a verdict upon the whole case. Upon the submission of the case to the jury the…
2Cases cited2 opinions
- Babcock v. SanbornSupreme Court of Minnesota · 1859
- Washburn v. WinslowSupreme Court of Minnesota · 1870
3Cited by16 opinions
- Gruman v. Investors Diversified Services, Inc.Supreme Court of Minnesota · 1956
- Anapolle v. CarverMassachusetts Supreme Judicial Court · 1951
- Stern v. ThayerSupreme Court of Minnesota · 1894
- Haycock v. JohnstonSupreme Court of Minnesota · 1906
- Hildebrandt v. NewellSupreme Court of Minnesota · 1937
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