Montgomery v. Nostalgia Lane, Inc.

              No. 2--07--0661 Filed: 6-30-08
______________________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
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TODD MONTGOMERY, ) Appeal from the Circuit Court
) of Winnebago County.
Plaintiff-Appellant, ))
v. ) No. 02--L--293
)
NOSTALGIA LANE, INC., ))
Defendant-Appellee ))
(Roger Merrill, Individually and as Chairman )
of the Board and Treasurer, and Mike Furth, ) Honorable
Individually and as General Manager, ) Janet R. Holmgren,
Defendants). ) Judge, Presiding.
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JUSTICE BYRNE delivered the opinion of the court:
Plaintiff, Todd Montgomery, contacted defendant, Nostalgia Lane, Inc., to restore his 1970
Plymouth Roadrunner. Defendant inspected the vehicle and provided plaintiff a written estimate that
the project was expected to cost $35,000 but that the final bill would reflect the actual cost of parts
and labor. Plaintiff agreed to the project and paid installments amounting to $33,500, but defendant
deviated from the estimated cost. Plaintiff paid defendant the outstanding balance of $5,899 to
retrieve the vehicle, and this dispute ensued. Plaintiff filed a six-count, third-amended complaint,
and the parties filed opposing motions for summary judgment. The trial court ruled for defendant
on all of the counts, and plaintiff appeals.