Galayda v. Penman

Plaintiff prosecutes this appeal from a final order of the circuit court of Sangamon County which dismissed with prejudice his third amended complaint. The sole issue before this court is the sufficiency of that complaint.

An original two-count complaint was filed by plaintiff on February 2, 1976. It was dismissed on motion of defendant with leave to plead over. A first amended complaint was thereafter timely filed, and defendant filed his answer thereto. Several months later defendant filed a motion to dismiss the first amended complaint, a motion for summary judgment and a motion to withdraw…