delivered the opinion of the court.
*2362. Appeal and error, § 966 * —when question not presented in record not considered. The question of the duty of a party to reduce damages resulting from a breach of contract will not be considered in appeal where such question is not raised in the record.
3. Fbatjds, statute of, § 118*—when must he pleaded. Statute of Frauds to be available as a defense must be pleaded.