#### Western Hardware Manufacturing Company, Appellee, v. H. B. T. Chandler and W. L. lindgren, Appellants.

Gen. No. 24,149.

(Not to he reported in full.)

Abstract of the Decision.

1. Judgment, § 82 * — when affidavit in support of •motion to vacate by confession is insufficient. An affidavit presented in support of a motion to vacate a judgment by confession, under a power of attorney in a lease against officers of a corporation individually leasing the premises, presents no meritorious defense In an allegation that the corporation occupied the premises and paid the rent accruing during the time of such occupation.

Appeal from the Municipal Court of Chicago; the Hon. Harby M. Fishes, Judge, presiding. Heard in this court at the March term, 1918.

Affirmed.

Opinion filed July 1, 1918.

Rehearing denied July 12, 1918.

Statement of the Case.

Western Hardware Manufacturing Company, a corporation, procured a judgment against H. B. T. Chandler and W. L. Lindgren for $155 by confession under a power of attorney contained in a lease under seal between the parties to certain premises. Defendants moved to vacate this judgment, but such motion was denied and an appeal from such order was prayed and perfected.

Adler, Lederer & Beck, for appellants.

Cruice & Langille and Henry M. Shabad, for appellee; Henry M. Shabad, of counsel.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

*

See Illinois Notes Digest, Vole. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Justice Holdom

delivered the opinion of the court.

*5142. Landlord and tenant, § 443 * — how lease cannot he terminated. A lease cannot be terminated contrary to its covenants by parol.

3. Contracts, § 251* — hoiv may not he modified. A sealed executory contract cannot he changed, altered or modified by parol.

4. Judgment, § 82* — when denial of motion to vacate hy confession is proper. ■ The trial judge does not abuse his discretion in denying a motion to vacate a judgment hy confession where there are no facts stated, in an affidavit in support of a motion to vacate the judgment, which constitute any defense upon the merits.