EICHENGREEN V. ROLLINS, INC.,
757 N.E.2d 952 (2001)
NATURE OF THE CASE: Eichengreen (P) brought an action alleging breach of contract and
negligence against defendant, Rollins, Inc., (D) resulting from a fire at his residence. The
trial court granted D's motion for summary judgment on both counts of the complaint. P
appealed.
FACTS: P purchased a residence at 100 Maple Hill Road in Glencoe, Illinois. The house
included a security system that had been installed in 1980 by D. P then constructed a bath
house at his property that could not be accessed through the residence, but did share one
common wall with the house. The bath house contained a natural gas fueled water heater and a
natural gas fueled barbeque grill affixed to an exterior wall. D maintained the security
system that was in place. On August 16, 1988, D submitted a letter, for P's approval,
containing an estimate of work to be done. The original letter listed the following items:
one digital dialer transmitter; one smoke detector; five heat detectors-replace; one
temperature switch -- 45; one heat detector - electrical room; one fire horn; one fire
signal; and one building temperature signal. The letter also listed a price of $675 as the
amount for the items as installed and additionally provided that the terms were one-half
down, balance upon completion. It is undisputed that this letter became the final written
contract between the parties. P did not sign the letter, but made several handwritten
modifications and additions contained in the letter changing the original terms proposed by
D. P crossed out the 'temperature switch' and 'fire horn' items. P changed the 'installed'
price from $675 to $575 and added the notation 'battery incl.' P also added the term
'$287.50 plus 100 for #2414 battery 8/22/88.' P also inserted the following provision:
'system to be in good working order and guaranteed for at least 12 months.' The system was
installed sometime shortly after the letter was exchanged. On September 13, 1995, a fire
occurred at P's home. The fire originated in the bath house in the area of the grill. The
fire activated the burglar alarm at P's residence. When police officers responded to the
alarm, they noticed the southeast wall of the home engulfed in flames. The police then
summoned the fire department. By the time the fire department arrived, P and his wife had
already exited the residence. P sued D. Count I alleged breach of contract. Count II alleged
negligence. D filed a motion for summary judgment. It was granted and P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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