All Brake & Drive Unit Service, Inc. v. Peterson

Plaintiff, All Brake and Drive Unit Service, Inc. (hereinafter All Brake), appeals from an order of the circuit court of Cook County dismissing plaintiff’s complaint and from a subsequent order denying its motion to vacate the order dismissing the complaint pursuant to section 48 of the Civil Practice Act (Ill. Rev. Stat. 1975, ch. 110, par. 48). We reverse and remand the case for a trial on the merits.

The two issues necessary for the disposition of this case are (1) whether plaintiff’s complaint stated a cause of action for reformation and (2) whether the circuit court lost jurisdiction of…