#### Clara McMahon, trading as Mme. Simcox, appellee, v. William A. Hofnauer, appellant.

Gen. No. 27,416.

Action for price of merchandise delivered. Statement of claim filed. Defense that goods were not as contracted for and were unfit for use. Defendant’s affidavit of merits stricken and judgment against him by default. Motion in arrest of judgment overruled. Appeal from the Municipal Court of Chicago; the Hon. Harry M. Fisher, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1921.

Affirmed.

Opinion filed February 16, 1923.

Rehearing denied March 1, 1923.

Richard J. Cooney and John A. Verhoeven, for appellant. Eastman, White & Hawxhurst, for appellee; Julius J. Hoffman, of counsel.

Mr. Justice Taylor

delivered the opinion of the court.