Consumer Electric Co. v. Cobelcomex, Inc.

Plaintiff, Consumer Electric Company (Consumer), appeals from an order of the circuit court of Cook County which granted a motion to dismiss filed by defendant, Owens-Illinois, Inc. (O-I), pursuant to section 2 — 619(a)(9) of the Code of Civil Procedure (Ill. Rev. Stat. 1985, ch. 110, par. 2 — 619(a)(9)), thereby dismissing Consumer’s complaint seeking foreclosure of a mechanic’s lien. On appeal, Consumer contends that: (1) O-I’s section 2 — 619(a)(9) motion did not properly raise an affirmative matter with which to defeat the claim; (2) the trial court erred in electing to decide the motion…