Schoen-McAllister Co. v. Oak Park National Bank

Mr. Presiding Justice Friend

delivered the opinion of the court.

Plaintiff, the Schoen-McAllister Company, filed a suit in chancery against the Oak Park National Bank, as trustee (hereinafter referred to as defendant), and the unknown owners of beneficial interests, seeking construction of a store-building lease entered into June 30, 1945 between plaintiff and Oak Park Trust and Savings Bank, the predecessor in interest of the Oak Park National Bank, as trustee.

Defendant filed a motion to strike the complaint, which was allowed in part and dismissed in part. Thereafter defendant filed an answer…