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Eichengreen v. Rollins, Inc

Case Date: 09/21/2001
Court: 1st District Appellate
Docket No: 1-00-2579 Rel

SIXTH DIVISION

September 21, 2001

No. 1-00-2579

MYRON EICHENGREEN,

              Plaintiff-Appellant,

v.

ROLLINS, INC., f/k/a Apollo Central Protection,Inc.,

              Defendant-Appellee.

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)		Appeal from the
Circuit Court of
Cook County



Honorable
JAMES F. HENRY
Judge Presiding.


PRESIDING JUSTICE GALLAGHER delivered the opinion of the court:

Plaintiff, Myron Eichengreen, brought an action alleging breach of contract andnegligence against defendant, Rollins, Inc., f/k/a Apollo Central Protection, Inc.,resulting from a fire at his residence. The trial court granted defendant's motion forsummary judgment on both counts of the complaint. Plaintiff now appeals. We affirm.

In 1983, plaintiff purchased a residence at 100 Maple Hill Road in Glencoe,Illinois. At that time, the house included a security system that had been installed in1980 by defendant Apollo. In 1985, plaintiff constructed a bath house at his propertythat could not be accessed through the residence, but did share one common wall withthe house. The bath house contained a natural gas fueled water heater and a naturalgas fueled barbeque grill affixed to an exterior wall. From the time of plaintiff'spurchase of the residence until August 1988, defendant maintained the security systemthat was in place.

In August 1988, the parties entered into a contract, which is now the subject ofthis lawsuit. Specifically, on August 16, 1988, defendant Apollo submitted a letter, forplaintiff's approval, containing an estimate of work to be done. The original letter listedthe following items: one digital dialer transmitter; one smoke detector; five heatdetectors-replace; one temperature switch -- 45