Fitzgerald v. Van Buskirk

Mr. JUSTICE THOMAS J. MORAN

delivered the opinion of the court:

This cause is again appealed after we earlier held that it was error for the trial court to dismiss plaintiff’s complaint (96 Ill.App.2d 432 (1968).) On remand, the defendants moved for a summary judgment on the basis that the relationship between the parties was one of joint venturers, precluding plaintiff from any rights under the Mechanics’ Liens Act (Ill. Rev. Stat. 1967, ch. 82, sec. 1). The trial court allowed the motion but granted plaintiff leave to amend his complaint to include any claim he might have against defendants,…