CONWELL V. GRAY LOON OUTDOOR MARKETING GROUP, INC. 906 N.E.2d 805 (2009) CASE BRIEF

CONWELL V. GRAY LOON OUTDOOR MARKETING GROUP, INC.

906 N.E.2d 805 (2009)

NATURE OF THE CASE: Gray Loon (P) sued Conwell (D) for nonpayment and D countersued for conversion. P got the judgment and the court of appeals affirmed. D appealed.

FACTS: D sought to establish a website. They approached P. P quoted an estimated price of $8,080. P paid a 50% deposit, and design commenced. During the design process, D asked for a few minor changes, none of which requests were written down. P finished the site in December 2003 at a final cost of about $8,500. P paid in full during the first quarter of 2004. In April 2004, D requested that P make several changes, some of which required major programming work. D did not request a proposal or a quote, and P did not provide one. The transaction was done verbally. Once P completed the modifications, D said it no longer wanted the changes. P sent a bill for $5,224.50. D did not pay. Eventually P sent a letter by certified mail on September 29, 2004, advising D that if payment was not made by October 6th, the website would 'be taken offline and other means of collection will be initiated.' P took the website offline on October 6, 2004. P filed suit for non-payment. D countersued for conversion, claiming P had taken the original website, for which it had paid. P got the judgment on its claim and against D on its counter-claim. The Court of Appeals affirmed. D appealed

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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