No. 13301.

632 P.2d 743 (1981)

632 N.M. 743

CELEBRITY, INC., Plaintiff-Appellant, v. Dale KEMPER, d/b/a K-Drugs, Defendant-Appellee.

Supreme Court of New Mexico.

August 20, 1981.

Attorney(s) appearing for the Case

Earl Norris, Mirrer, Ryan, Orleans & Vener, Albuquerque, for plaintiff-appellant.

Menig, Sager, Curran & Sturges, Paula J. West, Albuquerque, for defendant-appellee.


PAYNE, Justice.

Appellant Celebrity sold goods on open account to appellee Kemper, a retailer, with whom it had been doing business over a period of four or five years. Immediately after delivery, Kemper noticed some defective items in the shipment. These were set aside. In past dealings when shipments had contained defective goods, Kemper would set aside the defective items and Celebrity's salesman would check the items and make an adjustment to...

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