Smith v. Jones

Plaintiff filed a lawsuit against defendants related to a new home sales contract that plaintiff entered into with defendants and that included counts for breach of an implied warranty of good workmanship and breach of implied warranty of habitability. The trial court granted defendants’ motion to dismiss and ordered the parties to resolve the dispute through mandatory binding arbitration. Plaintiff appealed, arguing that the trial court erred when it dismissed one of the defendants on the basis that he was not a party to the contract, that the trial court erred when it found plaintiff did not plead sufficient facts and dismissed several counts of the complaint, that the court erred by applying summary judgment standards to a 2-619 motion to dismiss, and that the trial court erred by ordering the parties to mandatory binding arbitration. The appellate court affirmed in part and reversed in part, finding that the trial court erred when it dismissed two counts of the complaint but affirming its dismissal of two other counts. The appellate court also reversed with respect to arbitration finding that by filing motions to dismiss under sections 2-615 and 2-619 the defendants had placed substantive issues before the court and, as a result, waived their right to compel arbitration. (CATES and MOORE, concurring)