Stephen L. Winternitz, Inc. v. NAT. BANK OF MONMOUTH

Plaintiff Stephen L. Winternitz, Incorporated (Winternitz), filed a complaint seeking damages from defendant National Bank of Monmouth (Bank) for breach of a brokerage contract. The first amended complaint (complaint) alleges that defendant agreed to pay a commission to plaintiff in the event that defendant sold certain manufacturing equipment to a purchaser produced by plaintiff. Defendant moved to dismiss the complaint pursuant to section 2 — 619.1 of the Illinois Code of Civil Procedure (735 ILCS 5/2 — 619.1 (West 1994)), and the trial court granted defendant’s motion. Plaintiff appealed,…