
    F. G. Smith Piano Company, Appellant, vs. Buschek, Respondent.
    
      January 11
    
    January 30, 1912.
    
    
      Sales: Breach of warranty.
    
    In an action for the purchase price of a piano, a finding by the jury that there was-a breach of a warranty against defects is held to be sustained by the evidence.
    Appeal from a judgment of tbe circuit court for Manito-woc county: Michael KiewaN, Circuit Judge.
    
      Affirmed.
    
    Action to recover tbe balance of tbe purchase price of a piano.
    Tbe defendant pleaded breach of warranty, seasonable rescission of tbe sale contract, and demand for tbe money already paid, and counterclaimed therefor.
    Tbe court submitted tbe cause to tbe jury on tbe subject of whether tbe conceded warranty was breached. Tbe finding was for tbe defendant. All other questions requisite to be solved in her favor to support a judgment for her were so decided by tbe court without any complaint because any of them should have been submitted to tbe jury. Judgment was rendered for defendant, and plaintiff appealed upon tbe sole ground that tbe finding as to tbe piano being defective was not warranted by tbe evidence.
    
      Isaac Craite, for tbe appellant.
    
      F. F. Groelle, for tbe respondent.
   Marshall, J.

It is the judgment of tbe court that tbe record does not sustain tbe contention on appellant’s part that there is no reasonable basis in tbe evidence for tbe jury finding complained of. Therefore tbe judgment must be affirmed.

By tlie Court. — Judgment affirmed.  