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Couple accuse Ashley Homestores of Breach of Contract

COOK COUNTY RECORD

Thursday, November 28, 2024

Couple accuse Ashley Homestores of Breach of Contract

State Court
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In a lawsuit filed in the Appellate Court of Illinois, First District, case ID 1-23-1477 on April 30, 2024, plaintiffs Macala Hudson and Carmen Hudson are seeking damages from The Dufresne Spencer Group, LLC, also known as Ashley Homestores. The lawsuit is centered around an alleged breach of contract regarding the sale of furniture.

The Hudsons allege that they placed an order with the defendant in November 2021 for furniture worth $3741.98 which was delivered later that month but was incorrect and used. They further claim that when they demanded a refund and return of the furniture, the defendant refused to comply.

In their complaint, both Macala and Carmen each sought $5241.98 in damages, including $1500 for removing the unwanted furniture. They claim that despite their demands for a refund and pick up of the incorrect and used furniture on April 25, 2022, neither had occurred when the complaint was filed.  Following a bench trial, the trial court entered judgment for Carmen totaling $2726.78.

The defendants appeal contended that the judgment was erroneous because the contract at issue was with Macala alone and Carmen had no standing to sue and the plaintiffs accepted and presumably used the furniture the defendant delivered.  

Justices McBride, Howse and Cobbs all concur that the defendants as appellants have the burden of presenting record sufficiently complete to support its claims of error.  Absent this complete record, the justices can only presume that the trail courts order conformed with the law.  The trial court judgment is affirmed.

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