#### E. R. Stege Brewery, Appellant, v. Joseph O. Kostner, Appellee.

Gen. No. 23,375. (Not to be reported in full.)

Abstract of the Decision.

1. Injunction, § l&l * ^iohen amended till to enjoin prosecution of forcible detainer action is properly dismissed. Where a bill to enjoin the prosecution of a forcible detainer action was filed by a lessee claiming equitable estoppel as to extension of the lease against the subsequent lessee of a 99-year lease of the premises, *162made subject to the former lease, who, at the time of the acts claimed to estop him, had merely a contract for the purchase of the premises which, was never consummated and had no legal or equitable title to the premises, and no privity of contract or rel¿tionship between, them then existed, and complainant’s lessor never recognized any right in complainant to exercise complainant’s option of extension of complainant’s lease after the time for such exercise had expired, after which defendant secured such 99-year lease and also an assignment from the lessor of complainant’s lease, held, on demurrer to the amended hill setting tip such assignment in addition to the other facts stated, that the assignment did not change the legal significance of such facts and the bill was properly dismissed for want of equity.

*161Appeal from the Circuit Court of Cook county; the Hon. Fbedebick A. Smith, Judge, presiding. Certiorari denied by Supreme Court (making opinion final).

Heard in the Branch Appellate Court at the October term, 1917.

Affirmed.

Opinion filed December 21, 1917.

Statement of the Case.

Bill by the E. R. Stege Brewery, k corporation, complainant, against Joseph 0. Kostner, defendant, to enjoin defendant from prosecuting a certain forcible detainer action. From an order sustaining a demurrer to the bill and dismissing the. bill for want of equity, complainant appeals.

In a former opinion, 203 Ill. App. 416, an interlocutory injunction, entered on the bill, answer and affidavits, was reversed, after, which the bill was amended and general demurrer thereto sustained in the order now appealed from.

Simeon Straus and Ira E. Straus, for appellant.

Moses, Rosenthal & Kennedy, for appellee; Joseph W. Moses, of counsel.

*

See Illinois Notes Digest, Vols. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Presiding Justice Barnes

delivered the opinion of the court.