Pease Piano Company v. Sarles

Full title: PEASE PIANO COMPANY, Appellant, v . HIRAM SARLES, Respondent

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 1, 1908

124 App. Div. 933 (N.Y. App. Div. 1908)

109 N.Y.S. 313

Opinion

March, 1908.

Present — Patterson, P.J., McLaughlin, Laughlin, Houghton and Scott, JJ.

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 as well as by the defendant. Upon that theory the record presents no reversible error. Judgment affirmed, with costs.

PER CURIAM:

Judgment affirmed, with costs.