
    Maxon International, Inc., Appellant, v International Harvester Company, Respondent.
    Argued May 11, 1982;
    decided June 10, 1982
    
      APPEARANCES OF COUNSEL
    
      Samuel D. Hester for appellant.
    
      P. David Twichell and Henry S. Fraser for respondent.
   OPINION OF THE COURT

Order affirmed, with costs, for the reasons stated in the memorandum of the Appellate Division (82 AD2d 1006), to which we add only that much of what plaintiff has argued before us is beyond the theory of the case as presented to the jury in a charge to which no exception was taken and, therefore, cannot be considered by us (cf. Bichler v Lilly & Co., 55 NY2d 571).

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.  