Klem v. Southeast Ceramics, Inc.

Quillian, Presiding Judge.

Appeal was taken from a judgment entered pursuant to a directed verdict for the plaintiff. The sole issue raised by the defendant is that the trial judge erroneously excluded evidence offered by him in support of his counterclaim. The defendant offered to testify, of his own personal knowledge, as to certain expenses incurred in replacing defective tile. This evidence was excluded on the basis that the records of such transaction would be the highest and best evidence. Held:

Submitted June 8, 1977 Decided June 21, 1977.

We reverse. "The best evidence rule does not…