index.php?and=1,3: user error: 'n.type' isn't in GROUP BY query

another not ansi error when calling taxonomy "and" (index.php?and=1,3). even two:

user error: 'n.type' isn't in GROUP BY query: SELECT n.nid, type, count(*) AS c FROM node n LEFT JOIN term_node r ON n.nid = r.nid WHERE tid IN ('1','3') AND status = '1' GROUP BY n.nid HAVING c = 2 ORDER BY static DESC, created DESC LIMIT 0, 10

user error: Unknown column 'c' in 'having clause' query: SELECT COUNT(*) FROM node n LEFT JOIN term_node r ON n.nid = r.nid WHERE tid IN ('1','3') AND status = '1' GROUP BY n.nid HAVING c = 2 ORDER BY static DESC, created DESC

the code in question is node.module, line 1282.