Petry v. Chicago Title & Trust Co.

The plaintiff Terry Petry appeals from a summary judgment which dismissed his fourth amended complaint. While the judgment did not dispose of the litigation as to all defendants it was made final pursuant to Supreme Court Rule 304(a) (Ill. Rev. Stat. 1973, ch. 110A, par. 304(a)). The plaintiff contends that the controlling issue is whether the defendants to this appeal were engaged in a joint enterprise with the Macklins, the defendants as to whom the complaint is still pending in the trial court and that this involves unresolved questions of fact, making summary judgment inappropriate.

The…