Interway, Inc. v. Alagna

Mr. PRESIDING JUSTICE PERLIN

delivered the opinion of the court:

Plaintiff filed a contract action against defendants seeking damages, specific performance and injunctive relief. Defendants filed a motion to dismiss the complaint for failure to state a cause of action, pursuant to section 45 of the Civil Practice Act. The trial court granted defendant’s motion and denied plaintiff’s motion to vacate the dismissal, or, alternatively, to allow the filing of an amended complaint. Plaintiff appeals. Our consideration of this case is limited to determining whether the trial court’s grant of…