Well just because you did not make the appointment does not void the warranty.

Technically, he is committing (1) breach of contract, (2) negligence, and (3) statutory claim under the Illinois Consumer Fraud Act (815 ILCS 505/2.

Breach of Contract
The elements are (1) the existence of a valid and enforceable contract between the plaintiff and another; (2) the defendant's awareness of this contractual relation; (3) the defendant's intentional and unjustified inducement of a breach of the 155*155 contract; (4) a subsequent breach by the other, caused by the defendant's wrongful conduct; and (5) damages.'" Prudential Insurance Co. v. Van Matre (1987), 158 Ill. App.3d 298, 304, quoting Belden Corp. v. InterNorth, Inc. (1980), 90 Ill. App.3d 547, 551.

Negligence
The essential elements of a cause of action based on common law negligence may be stated briefly as follows: the existence of a duty owed by the defendant to the plaintiff, a breach of that duty, and an injury proximately caused by that breach. (Kirk v. Michael Reese Hospital & Medical Center (1987), 117 Ill.2d 507, 525; Mieher v. Brown (1973), 54 Ill.2d 539, 541.

Statutory Claim
The elements of a claim under the Illinois Consumer Fraud Act (815 ILCS 505/2 (West 1994)) are: (1) a deceptive act or practice by defendant; (2) defendant's intent that plaintiff rely on the deception; and (3) that the deception occurred in the course of conduct involving trade and commerce. Siegel v. Levy Organization Development Co., 153 Ill.2d 534, 542, 180 Ill.Dec. 300, 607 N.E.2d 194 (1992).

Here, you have all three. You can sue him for all these claims, and would only need to win on one. I would have an attorney or yourself threaten him with a demand letter and usually this will scare them into complying, and if not, you can actually sue.

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