#### Frank Milke, appellee, v. Boyle Ice Company, appellant.

Gen. No. 26,049.

Opinion filed June 24, 1921.

McArdle & McArdle, for appellant. No appearance for appellee.

Mr. Presiding Justice Barnes

delivered the opinion of the court.

Suit for wages due. Affidavit of merits alleging damages to a third person by plaintiff which defendant was obliged to settle and offering to set off the amount against plaintiff’s claim. Affidavit stricken. Appeal from the Municipal Court of Chicago; the Hon. Harry C. Moran, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1920. Reversed and remanded.