97 Minn. 201 | Minn. | 1906
Action for rent, based upon a lease executed May 1, 1903, for certain .office room in the city of Duluth for the period of one year. The complaint alleges that at the expiration of the year respondent held over and occupied the rooms from month to month upon the same terms, and the action was brought to recover rent from July to December, in-
The court granted a new trial, and on the same day granted respondent’s motion to file an amended answer. Attached to the order granting a new trial was a memorandum in which the court stated that the action was tried by respondent upon the theory that the lease was to respondent alone, but that sufficient evidence was received, without objection, which convinced the court that the amended answer should be allowed and that the issue should be tried as presented by such amended answer; that the evidence, not having been put in under the amended answer, was not distinct as to the number of rooms originally contained in the lease, and as to whether they were rented at a certain price per room, or for a lump sum, and that such matter would be a material issue, and for that reason a new trial should be granted.
Appellant submits: (1) That it not having been stated by the court, either in its order or memorandum, that the order granting a new trial was made upon the ground that the decision was not justified by the evidence, and there being evidence to sustain the findings, and no errors having occurred upon the trial, the case should be reversed, and judgment entered in accordance with the findings. (2) That under the circumstances, even if the court had authority to act in the premises, allowing the amended answer was an abuse of discretion.
Under the provisions of chapter 303, p. 563, Laws 1897, respond
The assertion in the memorandum, that the evidence in the case, not having been put in under the amended issues, is not distinct as to the leasing, cannot be received as an indication that the trial court held that the evidence was insufficient to support the decision. Assuming the amendment had been made during the trial, the evidence fully supports the decision. The lease provided for a re-entry by the landlord without working a forfeiture, and whether the rooms were surrendered August 1, was a question of fact.
Our conclusion is that respondent submitted his case to trial upon the pleadings, that the evidence supports the decision; that the new trial was not granted upon any errors of law, nor upon the ground that the evidence was not sufficient to support the decision; and that under the circumstances granting a new trial, with leave to amend the answer, was an abuse of discretion.
The order appealed from is reversed, with directions to enter judgment for appellant.