OPINION
The respondent sued the appellant alleging the breach of an employment contract upon the ground that his employment with the appellant corporation had been wrongfully terminated. The corporation controverted the complaint upon the ground that respondent had misrepresented his possession of a valid Nevada contractor’s license. The appellant now contends that the judgment is not supported by the evidence and is contra to applicable law.
The trial court found, from the evidence, a valid contract terminable upon the death of the respondent. It also found that there had been an unwarranted breach by the appellant without a corresponding breach by the respondent.
There is substantial evidence to support the trial court’s determination. We will not interfere with it nor substitute our judgment for that of the trial court in weighing the evidence. Richfield Oil Corp. v. Harbor Insurance Co., 85 Nev. 185, 452 P.2d 462 (1969).
The trial court in assessing damages found that the life expectancy of the respondent was approximately 16 years at *753the time of the breach, but because of certain testimony given by him the court allowed recovery for only 10 years. The action of the trial court was to the appellant’s advantage. In this regard it is not an aggrieved party and it cannot now complain. NRCP 72(a). We find no fault with the trial court’s procedure in assessing damages, except in its allowance of $500 per month for the period from June 14, 1964 to September 17, 1964, plus interest, for a total of $1,406.96. The parties agree that the respondent received compensation for that period.
In his opening statement to the trial court, counsel for the corporation maintained that the sole issue was whether the absence of a valid Nevada contractor’s license was a material breach of the contract of employment.1 The record on appeal reflects that this was the only issue upon which evidence was presented to the trial court. Now, on this appeal, the appellant presents an entirely different theory of contract law and contends that the agreement was merely a contract at will and that it could have been breached at any time by either party without penalty. The appellant cannot raise, for the first time on appeal, this theory of law.
In County of Clark v. State of Nevada, 65 Nev. 490, 199 P.2d 137 (1948), this court stated: “It has long been a rule of this court that a party on appeal cannot assume an attitude or adopt a theory inconsistent with or different from that taken at the hearing below. Wheeler v. Hurley, 49 Nev. 70, 236 P. 559; Carroll v. Carroll, 51 Nev. 188, 272 P. 3; Berrum v. Georgetta, 60 Nev. 1, 93 P.2d 525, 98 P.2d 479; In re Torres Estate, 61 Nev. 156, 120 P.2d 816, 135 A.L.R. 481; Edmonds v. Perry, 62 Nev. 41, 140 P.2d 566; Johnston v. DeLay, 63 Nev. 1, 158 P.2d 547.”
*754The judgment of the trial court is modified from $44,557.43, together with interest thereon, at the rate of 7 percent per annum, from November 21, 1969, until paid, to the sum of $43,150.46, together with interest thereon at the rate of 7 percent per annum, from November 21, 1969, until paid. In all other respects the judgment of the district court is affirmed.