McGrath v. Lake City Corp.

Allan Gustafson appeals to this court from an order granting a motion to dismiss his counterclaim. The order of dismissal made the necessary certification as to finality thereof (Ill. Rev. Stat. 1971, ch. 110A, Rule 304(a).) Since no evidence was taken, all pertinent facts appear from the common law record.

The issues arise from two cases filed in the circuit court on the same day. An explanation of both is required.

In the first case, circuit court No. 71 CH3506, Gustafson brought suit against Vincent G. McGrath and Beverly Bank, as trustee under Trust No. 8-2584. Two other parties defendant…