Gauntt v. Ivie

ROETH, JUSTICE.

Snit was brought by plaintiff against the defendant Ivie (operating under the trade name of Beltone Hearing Service) to cancel a certain contract made between the parties and for the return of money paid to defendant as down payment on the contract. Defendant filed a counterclaim for the balance due under the contract and a trial by jury resulted in judgment for the plaintiff on both the complaint and counterclaim. Subsequent to filing the notice of appeal, plaintiff died and on motion suggesting death of the plaintiff his heirs at law were made party plaintiffs for the purpose…