Marquette National Bank v. Walgreen Co.

Plaintiff Marquette National Bank, as land trustee, brought this action seeking a declaration of its rights to rental income under a lease between its predecessor in title and defendant Walgreen Company. The trial court granted defendant’s motion for summary judgment and denied a similar motion by plaintiff. Plaintiff appeals.

In 1949, plaintiff’s predecessor in title and defendant entered into an agreement to lease the premises at 6300 South Western Avenue in Chicago. The lease was extended and modified in 1965.

Under the terms of the lease, the rent is based on a fixed monthly sum and…