Appellate Court of Illinois January 26, 1983, 82-369 (Emery v. Kimball Hill, Inc.)

JUSTICE HOPF

delivered the opinion of the court:

The plaintiff, Charles Emery, appeals from an order of the circuit court of Kane County which dismissed his complaint against the defendant, Kimball Hill, Inc. (Kimball Hill), for failure to state a cause of action pursuant to section 45 of the Civil Practice Act (Ill. Rev. Stat. 1981, ch. 110, par. 45 (now codified Ill. Rev. Stat. 1981, ch.