Wieseman v. Kienstra, Inc.

JUSTICE WILLIAM A. LEWIS

delivered the opinion of the court:

Plaintiff, Thomas E. Wieseman, appeals from a judgment of the circuit court of Madison County, which dismissed the plaintiff’s complaint pursuant to section 2—615(b) of the Code of Civil Procedure (Ill. Rev. Stat. 1991, ch. 110, par. 2—615(b)) for failure to state a cause of action. The sole issue raised on appeal is whether the court erred in granting the defendant’s motion to dismiss. For the reasons set forth below, we affirm.

A complaint which fails to state a cause of action because of factual or legal insufficiency must be…