¶1The theory of the action, as pleaded, was breach of warranty. The determination made below was based solely upon negligence. A new trial is required since the issues presented in the breach of warranty action were not considered or passed upon.
¶2*925The judgment should be unanimously reversed upon the law and facts and a new trial ordered, with costs to defendants to abide the event.
¶3Concur — Hart, Di Giovanna and Brown, JJ.
¶4Judgment reversed, etc.