#### New Process Refining Company, appellant, v. Rudolph R. Rosenbaum, appellee.

Gen. No. 26,236.

Action to. recover for breach of warranty. Order sustaining special demurrer to declaration. Appeal from the Superior Court of Cook county; the Hon. John J. Sullivan, Judge, presiding. Heard in this court at the October term, 1920.

Affirmed.

Opinion filed January 10, 1921.

Rehearing denied January 24, 1921.

Miller, Starr, Brown, Packard & Peckham, for appellant; Thomas McCall, of counsel.

Newman, Poppenhusen, Stern & Johnston, for appellee; Lawrence A. Cohen, of counsel.

Mr. Justice Dever

delivered the opinion of the court.