De Vito v. Village of Elburn

"What happens when there are inconsistencies between a complaint and the exhibit attached to it? Do we seesaw hack and forth in an attempt at synthesis or can we pick one over the other? The answer is that we pick the exhibit. If the facts alleged in a complaint differ from the facts stated in an exhibit, the latter will control and the exhibit will be taken as the factual basis upon which the complaint is based. Benner v. Huddelson Baptist Home, 24 Ill App2d 256, 164 NE2d 252; Price v. Solberg, 269 Ill 459, 109 NE 1024. We state this rule now to enhance understanding of that which follows.

Pla…