Harris v. Peters
Illinois Appellate Court
274 Ill. App. 3d 206 (1995)
- Written by Eric Miller, JD
Facts
Richard Harris (defendant) leased a car from U.B. Vehicle Leasing, Inc. (UB) (plaintiff). Later, the car was wrecked in a collision with a vehicle driven by Scott Peters (defendant). Peters’s insurance company issued Harris a check for the fair market value of the destroyed car. Harris endorsed the check to UB. However, a balance of $5,560.48 remained on the lease. UB filed an action against Harris for the remaining balance. Harris, acting as a third-party plaintiff, filed a complaint against Peters for compensatory damages in the amount of the balance—that is, the difference between the fair market value of the car, which had already been paid, and the amount that Harris still owed on the lease. The circuit court dismissed the complaint against Peters. Harris appealed.
Rule of Law
Issue
Holding and Reasoning (Tully, J.)
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