In Re Marriage of Musa

PRESIDING JUSTICE SEIDENFELD

delivered the opinion of the court:

Kathleen J. Musa, the respondent in a dissolution of marriage proceeding, filed a third-party petition against Margaret O. Vogel, her mother-in-law, claiming an oral contract to purchase the marital residence. Mrs. Vogel filed a motion to dismiss pursuant to section 48(1) (i) of the Civil Practice Act (Ill. Rev. Stat. 1979, ch. 110, par. 48(1) (i)). The trial court dismissed the action based upon the pleadings, including the respective affidavits of the parties, and the petitioner appeals.

The petition alleged that both spouses at…