Bakaitis v. Fink

Appellant on July 29, 1929, filed a bill in the circuit court of Cook county seeking specific performance of an alleged agreement to convey real estate. A plea of former adjudication of appellant’s rights in a forcible detainer action was filed by appellee. Appellant filed a demurrer to the plea, which was overruled, and, abiding his demurrer, the court dismissed the bill.

Appellant seeks review of the decree on the ground that his rights under the bill filed were purely equitable while his defenses under the forcible detainer action were legal; that he therefore could not assert his equitable…