Distillers Distributing Corp. v. Sherwood Distilling Co.

PARKER, Chief Judge.

This is an appeal by plaintiff from a judgment for defendant in an action for breach of warranty against excess “outage”, or deficiency of content, made in connection with a sale of neutral grain spirits in barrels. Plaintiff, the buyer of the spirits, alleged that, in making the sale, the defendant’s broker used language which, when construed in the light of the custom of the trade, amounted to a warranty against excess outage. The case was heard without a jury by the trial judge, who held that the language used did not amount to a warranty because not used when the sale…