Marine Park Associates v. Johnson

Mr. PRESIDING JUSTICE SMITH

delivered the opinion of this court:

This appeal is controlled by Rosewood Corporation v. Fisher, 46 Ill.2d 249, 263 N.E.2d 833. The issues are similar. Both involved proceedings under the Forcible Entry and Detainer Act. (Ill. Rev. Stat. 1967, ch. 57.) In Rosewood, the defendants were contract purchasers, while here, defendant is a lessee. In both instances, plaintiffs sought possession, defendants resisted, and sought to introduce by way of answer, affirmative defense and counterclaim, matters (in Rosewood) going to the validity of the contracts on the basis, among…