Evergreen Oak Electric Supply & Sales Co. v. First Chicago Bank of Ravenswood

Evergreen Oak Electric Supply and Sales Company, Inc. (Evergreen), sued to foreclose a materialman’s lien. Two of the named defendants moved to dismiss the second amended complaint under section 2 — 619(a)(9) of the Code of Civil Procedure. (735 ILCS 5/2— 619 (West 1992).) The trial court granted the motion and dismissed the complaint. Evergreen appealed. We reverse.

Evergreen alleged in its complaint that it had contracted to furnish and had furnished electrical materials for construction on certain property described in the complaint, that it had not been paid for the materials, and that it…