
    Milsom Rendering and Fertilizer Company, Respondent, v. William H. Baker, Appellant.
    
      Milsom Fertilizer Co. v. Baker, 10 App. Div. 581, affirmed.
    (Argued June 22, 1897;
    decided October 5, 1897.)
    Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered April 21,1897, which reversed an interlocutory judgment in favor of defendant, entered upon a decision of the Special Term, sustaining a demurrer to the complaint.
    
      John O. Hilburn and John Cummins for appellant.
    
      John L. Romer for respondent.
   Judgment affirmed, with costs, on opinion below.

All concur, except Gray, J., absent.  