Illinois McGraw Electric Co. v. John W. Walters, Inc.

This is a motion by the defendant to open its default on the call of the calendar on October 11, 1961, and to vacate the inquest taken herein on the ground that such default was inadvertent and excusable.

The plaintiff opposes this motion on the ground (1) that no affidavit of merits has been submitted by the defendant, (2) that no valid or legitimate reason has been, set forth explain*937ing or excusing the default, and (3) that the defendant has no valid defense to this action.

This is an action to recover for merchandise allegedly sold to the defendant. The defendant’s answer, while admitting…