Fechtner v. Lake County Savings & Loan Ass'n

Plaintiffs appeal from the dismissal with prejudice of Count I of their complaint for failure to state a cause of action. Count I was directed against the defendant, Lake County Savings and Loan Association (the Association) and sought damages for breach of the covenant against encumbrances contained in a warranty deed and attorney’s fees. Count II of the complaint, directed against the defendant Chicago Title Insurance Company, which is not a party to this appeal, is still pending in the trial court. The issues on appeal are whether Count I of the complaint states a cause of action; whether…