Hindu Incense Manufacturing Co. v. MacKenzie

Appellee filed a complaint in the circuit court of Cook County in two counts, one for a declaratory judgment, the other for an injunction. As alleged in the complaint, the controversy pertained to the rights of plaintiff under a lease for property in the city of Chicago, for a term beginning June 1, 1943, and ending May 31, 1946. An answer was filed to both counts, after which plaintiff filed a motion to strike the answer to count 1. A hearing was had limited to count 1, and the answer thereto, after which the court entered a declaratory judgment that an option to purchase contained in the…