
    Johns, appellant, v. Gustin.
    
      Evidence—statute of frauds—when objection to void contract must be taken,— warranty —damages.
    
    In an action to recover the price of a quantity of roofing material, the defense was a breach of warranty. Held, that the objection that the warranty being for five years was void, unless in writing, could not be raised for the first time upon appeal to general tei;m. It should have been made at the trial.
    A witness was asked what a roof would have been worth, if it had been as stated by defendant, and in circular. It did not appear that the circular was issued by plaintiff. Held, that the question was improper.
    
      J. A. Hatlmay, for appellant.
    
      C. Whitney, for respondent.
   Mullin, P. J.

Appeal from a judgment entered upon a report of a referee. The opinion contains nothing of importance not noticed in the head note.  