Howard Laces, Inc. v. Colby Footwear, Inc.

In these cross-actions in assumpsit, Colby Footwear, Inc., hereinafter called the defendant, sought to prove that tongues supplied by plaintiff Laces for use in shoes manufactured by the defendant were unmerchantable (RSA 382-A:2-314) because defective, having been returned to defendant by retailers because rejected either by the retailers themselves or by their customers. Retailers’ invoices which accompanied shoes returned to the defendant, when offered in evidence through the defendant’s president, bore handwritten notations concerning the reason for rejection. The documents were excluded…