Cerruti Mercantile Co. v. Simi Land Co.

Plaintiff appeals from an order denying its motion for a new trial.

The action was one for damages for breach of warranty. Defendant, a distiller, agreed to sell to plaintiff about five thousand gallons of brandy of the vintage of 1910. Defendant warranted that the brandy, known as “grappa,” would be identical in quality with the best grade distilled at the Simi Land Company’s manufactory at Healdsburg. Defendant delivered and plaintiff accepted something more than five thousand gallons of brandy and plaintiff paid for it the agreed purchase price of $2,283.72. The court found that pursuant to…