Industria De Calcados Martini Ltda. v. Maxwell Shoe Co.

The plaintiff, Industria De Calcados Martini Ltda. (Martini), a Brazilian shoe manufacturer, filed an action in the Boston Municipal Court against the defendant Maxwell Shoe Co., Inc. (Maxwell), a wholesale distributor of shoes, for breach of contract and for violation of G. L. c. 93A arising out of the sale of 12,042 pairs of men’s shoes by Martini to Maxwell. Maxwell filed an answer and a counterclaim against Martini claiming that the shoes did not conform to the contract specifications and, thus, Martini was in breach of the implied warranty of merchantability. The action was removed to…