Pease Piano Co. v. Sarles

The point upon which the appellant relies is not presented by any exception and was not raised below. The case was tried upon-an entirely different theory, and its trial upon that theory was acquiesced in by appellant »s well as by the defendant. Upon that theory the record presents no reversible error. Judgment affirmed, "with costs. Present — Patterson, P. J., McLaughlin, Laughlin, Houghton and Scott, JJ. Judgment affirmed, with costs.