Emery v. Kimball Hill, Inc.

The plaintiff, Charles Emery, appeals from an order of the circuit court of Kane County which dismissed his complaint against the defendant, Kimball Hill, Inc. (Kimball Hill), for failure to state a cause of action pursuant to section 45 of the Civil Practice Act (Ill. Rev. Stat. 1981, ch. 110, par. 45 (now codified Ill. Rev. Stat. 1981, ch. 110, par. 2 — 615)).

On April 30, 1975, the defendant filed a forcible entry and detainer action for rent due and owing against the plaintiff and Victoria Emery, who is not a party to the lawsuit now before this court. Summons in the forcible entry and…