NATIONAL GAS & OIL CO. v. RIZER

Gen. No. 47,545.

20 Ill. App.2d 332 (1959)

155 N.E.2d 848

National Gas & Oil Co., Appellant, v. H. Rizer, Appellee.

Appellate Court of Illinois — First District, Second Division.

Rehearing denied February 19, 1959.

Released for publication February 19, 1959.


Attorney(s) appearing for the Case

Koven, Koven, Salzman & Homer, of Chicago, for appellant.

Spatuzza, Yedor & Buckley, of Chicago (Bernard Yedor, of counsel) for appellee.


JUSTICE KILEY delivered the opinion of the court.

This is a declaratory judgment suit by a lessee, seeking to have declared void a lease signed by one of two joint tenants. Defendant's motion for summary judgment was sustained and the complaint was dismissed. Plaintiff has appealed.

Plaintiff's complaint alleges that the "existing controversy concerns the validity of the lease," which he claims is "invalid in its entirety," because defendant alone, of the...

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