Besinger v. National Tea Co.

In a two-count complaint the plaintiff, Leonard Besinger, sought in count I specific performance of a contract by the defendant, National Tea Co., and in count II damages for breach of the contract. The defendant moved to dismiss both counts. The chancellor sustained the motion to dismiss count I and denied the motion as to count n. The plaintiff appealed following the express finding by the court that there was no just reason for delaying appeal from the order of dismissal.

Besinger is the beneficial owner of vacant real property located in Carpentersville, Illinois. He entered into…