Pancoe v. Singh

              No. 1-05-2513
FIRST DIVISION
Filed: 9-17-07
ROBERT PANCOE, ) Appeal from the
) Circuit Court of
Plaintiff-Appellee, ) Cook County.
)
v. ) No. 02 CH 4757
)
GULZAR SINGH, ) Honorable
) Barbara Disko,
Defendant-Appellant. ) Judge Presiding.
JUSTICE ROBERT E. GORDON delivered the opinion of the court:
In 2002, Robert Pancoe sued Gulzar Singh for breach of an agreement calling for the
dissolution of an alleged joint venture between the parties. According to plaintiff, the underlying
venture was for the operation of Pan-Oceanic Engineering Co. (Pan-Oceanic), and N.K.
Contracting and Equipment Co. (N.K.). Following a bench trial, the circuit court of Cook County
entered judgment in favor of plaintiff and awarded damages in the amount of $92,959. Defendant
appeals, arguing, among other things, that (1) the trial court erred in (a) denying defendant’s
motion for judgment on the pleadings pursuant to section 2-615(e) of the Code of Civil Procedure
(Code) (735 ILCS 5/2-615(e) (West 2004)), and (b) denying defendant’s motion for judgment at
the close of plaintiff’s case pursuant to section 2-1110 of the Code (735 ILCS 5/2-1110 (West
2004)); (2) the evidence was insufficient to establish the existence of the underlying venture; (3)
the trial court should not have allowed defendant’s expert witness to testify in plaintiff’s case, in
violation of Rule 213(f) (210 Ill. 2d R. 213(f)); (4) the trial court lacked jurisdiction to enter the
judgment; and (5) the court’s damages award was not supported by the evidence. Plaintiff cross-