Nyman v. Washington State Bank

Plaintiff Floyd M. Nyman filed suit against defendant Washington State Bank alleging breach of an oral contract to pay certain creditors of one Jack L. Cook. Defendant moved to dismiss the complaint pursuant to section 48 of the Civil Practice Act (Ill. Rev. Stat. 1977, ch. 110, par. 48), alleging the existence of affirmative matters defeating the cause of action. This appeal is from the order of the circuit court of Tazewell County granting defendant’s motion and dismissing the complaint.

In determining the propriety of a motion to dismiss, all facts properly pleaded in the complaint must be…