Havischak v. Neal

Banke, Chief Judge.

The plaintiff left her automobile with defendant Crafts & Cars, Inc., to be repaired, and a dispute arose over the amount of the bill. She filed this suit to recover actual and punitive damages from the company based on its alleged action in “illegally withholding [her] automobile by using fraud to increase the price of repair agreed upon and not notifying [her] of same for her approval.” Later, after Crafts & Cars, Inc., had been served but one day before it filed its answer, the plaintiff sought and obtained an ex parte order granting her leave to amend her complaint to…