#### Nathan Mittleman and Samuel Mittleman, trading as Mittleman Brothers, appellees, v. Chicago Bottlers Clearing House Association, appellant.

Gen. No. 27,870.

Suit for balance claimed under agreement to cancel lease. Judgment against defendant entered upon default for want of an affidavit of merits. Appeal from the Municipal Court of Chicago; the Hon. C. F. McKinley, Judge, presiding. Heard in the first division of this court for the first district at the October term, 1922.

Affirmed.

Opinion filed May 28, 1923.

Levinson & Hoffman, for appellant; Douglas C. Gregg and W. H. Gallagher, of counsel. -Edelson & -Paullin, for appellees; Hyland J. Paullin, of counsel.

Mr. Presiding Justice McSurely

delivered the opinion of the court.