
    Pease Piano Company, Appellant, v. Hiram Sarles, Respondent.
    
      Appeal — absence of exception — new theory from that at trial.
    
    
      , Appeal from a judgment entered in the office of the clerk of the county of New York on the 19th day of June, 1907, upon the verdict of a jury, and also from an order entered on the same day denying a motion for a new trial.
   Per Curiam:

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.  