Upon the trial the presiding judge ruled that, possession of the premises having been restored to the plaintiff, the' issue of unlawful detainer was no longer in the case and restricted the plaintiff’s evidence to the issue of unpaid rent. He also refused to admit any testimony in support of the defendant’s last two counterclaims. At the close of all the evidence, the defendant moved for a directed verdict, upon the ground that the amended complaint and the case made under it constituted a material and fatal departure from the cause of action as originally brought. This was overruled, and the court, by instructions given and refused, authorized the jury to find a verdict for rent only, and denied the right of defendant to have an offset for repairs in excess of $72.50, the amount of one month’s rent. The jury returned a plaintiff’s verdict for $217.50 on which judgment was entered.