Grumme v. Vuxton

WILLIAMS, P. J.,

Plaintiff has brought this action in assumpsit to recover the sum of $778 paid to defendant for two allegedly defective hearing aids, which were returned to defendant for repair and never thereafter delivered back to plaintiff. A board of arbitrators, which sat on August 6, 1975, entered an award for plaintiff in the full amount prayed for, plus court costs. An appeal was taken by defendant, and trial by the court without a jury was scheduled for December 11, 1975. In the meantime, plaintiff died, and one of her co-executors was substituted as party-plaintiff.

At the appointed…