Hudson v. Mandabach

The complaint in this case was for a declaratory-judgment to construe a dissolution contract between former partners in an advertising agency. Judgment was for the plaintiff.

In his answer the defendant raised an affirmative defense which charged that the plaintiff had a suit pending in the Municipal Court of Chicago to recover on the same agreement. The plaintiff did not reply to this allegation. His failure to do so was an admission of its truth. Sections 32 and 40(2), ch. 110, Ill. Rev. Stat. 1957; Laegeler v. Bartlett, 10 Ill.2d 478.

The primary question before us is whether a complaint for…