Pan American Stone Co. v. Meister

HERSEY, Chief Judge.

Pan American Stone Company, Inc., defendant below in a breach of contract action, appeals a final judgment, rendered after a bench trial, in favor of appel-lee.

The trial court found that

[bjecause of another case which Defendant recently had in front of this Court, also dealing with its inventory records, the Court finds that the Defendant’s testimony and evidence regarding the alleged delivery of all of the tile under the contract to be incredible....

This was reversible error. If a court proposes to take judicial notice of evidence in another case, that evidence must be…