Leen Co. v. Web Electric, Inc.
Leen Co. v. Web Electric, Inc.
Opinion of the Court
Defendant Web Electric, Inc., appeals from a judgment of the Superior Court (Cumberland County, Fritzsche, J.) finding it liable to plaintiff for the cost of generators supplied by plaintiff. Contrary to Web’s contentions, we find no error in the Superior Court’s exclusion of evidence relating to certain “backcharges” of liquidated damages assessed by the general contractor against Web, which Web sought to offset against Leen’s judgment. The proffered evidence consisted of correspondence offered to prove that the assessment of liquidated damages was necessitated by delays caused by Leen’s malfunctioning generators. The letters were written by either the architect or the general contractor and received by Web, either directly or as courtesy copies. The court excluded the letters as hearsay and not within the business records exception, M.R.Evid. 803(6), because that exception applies only to the records of the author of the letters, not the recipient.
The court did not abuse its discretion in excluding the correspondence. The exception in rule 803 allows for admission of records “if it was a regular practice of that business to make the memorandum, report, record, or data compilation, all as shown by the custodian or other qualified witness_” M.R.Evid. 803(6) (emphasis supplied). Although we have recognized that in certain circumstances business records may include information prepared
The entry is:
Judgment affirmed.
All concurring.
Reference
- Full Case Name
- The LEEN COMPANY v. WEB ELECTRIC, INC.
- Cited By
- 2 cases
- Status
- Published