Mid-Town Petroleum, Inc. v. Dine

Plaintiff, Mid-Town Petroleum, Inc., appeals from an order of the circuit court of Cook County which, upon motion of defendant Dennis G. Dine as beneficiary of a trust of which defendant Beverly Bank was trustee, dismissed plaintiff’s amended complaint which sought a declaratory judgment as to the validity of a contract and the parties rights and obligations under that contract. The issue on appeal is whether the amended complaint was properly dismissed.

Plaintiff’s original complaint alleging an actual controversy sought a declaratory judgment under section 57.1 of the Civil Practice Act.…