Warren v. Darnell

517 N.E.2d 636, 164 Ill. App. 3d 273, 115 Ill. Dec. 225, 1987 Ill. App. LEXIS 3788
Appellate Court of Illinois·Decided December 9, 1987·No. 5-87-0013·Published·Cited by 2 cases

Opinion

JUSTICE HARRISON

delivered the opinion of the court:

Plaintiffs, William and Halleck Warren, filed a small claims action against defendants, James and Margaret Darnell, in the circuit court of Clinton County to recover monies allegedly owed by defendants under a contract for the sale of a membership in Hickory Shores Resort. Defendant Margaret Darnell denied that she was indebted to plaintiffs. She also brought a counterclaim in which she asserted that the contract violated section 226.8(b)(7) of Federal Reserve Board Regulation Z (12 C.F.R. §226.8(b)(7), reprinted in 15 U.S.C.A. foil. §1700 (West 1982)) promulgated pursuant to the Federal Truth in Lending Act (15 U.S.C.A. §1601 et seq. (West 1982)). On Margaret’s motion, the circuit court granted summary judgment in her favor on that counterclaim, awarding, her $1,000 plus costs and attorney fees of $6,861.36. Plaintiffs unsuccessfully moved to vacate this award and the order granting summary judgment. In denying their motion, the court made a written finding that there was “no just reason for delaying appeal.” (See 107 Ill. 2d R. 304(a).) This appeal followed. We affirm.

When a motion for summary judgment is presented, the task of the court “is not to resolve a disputed factual question, but rather to determine whether one exists.” (Puttman v. May Excavating Co. (1987), 118 Ill. 2d 107, 112, 514 N.E.2d 188, 190.) The pleadings, affidavits, depositions and admissions on file must be construed strictly against the moving party and liberally in favor of the opponent. (Miller v. Smith (1985), 137 Ill. App. 3d 192, 196, 484 N.E.2d 492, 496.) Summary judgment is proper if these materials establish that there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. Ill. Rev. Stat. 1985, ch. 110, par. 2 — 1005(c).

The materials submitted to the circuit court here showed that on September 27, 1980, defendants executed a document denominated as a “Contract for Sale” under which they agreed to purchase from plaintiffs a membership in Hickory Shores Resort. The sale was made on credit under the following terms:

1. Cash Price: $5,195
2. Cash Down Payment: $495
3. Unpaid Balance of Cash Price and Amount Financed (1-2): $4,700
4. Finance Charge: $2,388.64
5. Amount of Note (3 + 4): $7,088.64
6. Deferred Payment Price (1+4): $7,583.64
7. Amount of Payment: $73.84
8. Number of Payments: 96
9. Total of Payments (7x8): $7,088.64
10. Annual Percentage Rate: 11%
11. Late Charge Per Delinquent Payment: $5.00

These terms were set out in tabular form on the face of the contract and were purportedly provided “in compliance with the Federal Truth- . in-Lending Act.” The contract also specified, inter alia,' that the “finance charge is imposed as of the date of this Contract” and that defendants had “the right to prepay the outstanding balance of this Contract in whole or part at any time without penalty.”

Defendants paid the $495 cash down payment specified in the contract and made 20 additional monthly payments of $73.84 each month during the 20-month period following execution of the contract. After March 6, 1982, however, no further payments were tendered. Approximately two years later, on March 15, 1984, plaintiffs brought their small claims action in the circuit court of Clinton County. In that action, plaintiffs sought recovery of $1,550.94.

Defendants initially moved to dismiss plaintiffs’ small claims complaint for failure to state a cause of action. Before this motion was argued, however, defendants’ attorneys were granted leave to withdraw. Thereafter, defendant Margaret Darnell secured different counsel. Through her new attorney, Margaret filed an answer in which she denied owing any money to plaintiffs. She also filed a counterclaim which alleged that the contract in question failed “to identify the method of computing any unearned portion of the finance charge in the event of prepayment of the obligation” and therefore violated section 226.8(b)(7) of Federal Reserve Board Regulation Z (12 C.F.R. §26.8(b)(7), reprinted in 15 U.S.C.A. foil. §1700 (West 1982)), promulgated pursuant to the Federal Truth in Lending Act (15 U.S.C. 1601 et seq. (West 1982)). For this violation, Margaret requested statutory damages and an award of her reasonable attorney fees under 15 U.S.C.A. § 1640(a) (West 1982).

Plaintiffs moved to dismiss the counterclaim, and Margaret, in turn, filed a motion for summary judgment on that counterclaim. Plaintiffs’ motion was denied. Margaret then amended her summary judgment motion, and plaintiffs filed a response to the counterclaim in which they raised four affirmative defenses. First, they contended that the counterclaim was barred by the applicable statute of limitations. Second, they alleged that the contract for sale did not, in fact, violate Federal law. Third, they argued that by using her membership in Hickory Shores Resort and by failing to assert any claims against plaintiffs until some four years after the contract for sale was executed, Margaret was estopped from bringing her counterclaim. Finally, they asserted that Margaret “only ceased making payments pursuant to the terms of the contract and filed her Counter-Claim herein because [she] purchased her membership as an investment and later made the determination that it was a bad investment.”

Following various developments not pertinent to our discussion, the circuit court entered summary judgment in favor of Margaret on her counterclaim. In its order, dated March 17, 1986, the court rejected each of plaintiffs’ affirmative defenses and awarded Margaret the sum of $1,000, “the limit provided in the Federal Statute violated as a setoff against any judgment that might be rendered in favor of plaintiffs], plus attorneys fees in an amount to be proved in regard to the counter-claim.”

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Warren v. Darnell, 517 N.E.2d 636, 164 Ill. App. 3d 273, 115 Ill. Dec. 225, 1987 Ill. App. LEXIS 3788 (Ill. Ct. App. 1987).

517 N.E.2d 636 (Warren v. Darnell) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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