Perlis v. Exchange Nat. Bank of Chicago

MR. PRESIDING JUSTICE MURPHY

delivered the opinion of the court.

Defendant Eose Zittenfield appeals from the denial of her motion for the payment to her by plaintiff of reasonable attorney’s fees, pursuant to section 41 of the Civil Practice Act.

The court dismissed plaintiff’s action for specific performance, after striking plaintiff’s complaint and an amended complaint. It is defendant’s theory that plaintiff’s action “was without any basis or foundation in law and that he should, therefore, be required to pay the reasonable attorney’s fees incurred by defendant in defending an untenable and…