DISTILLERS DISTRIBUTING CORP. v. SHERWOOD DISTILLING CO.

No. 6025.

180 F.2d 800 (1950)

DISTILLERS DISTRIBUTING CORP. v. SHERWOOD DISTILLING CO.

United States Court of Appeals Fourth Circuit.

Decided March 6, 1950.


Attorney(s) appearing for the Case

Morris Rosenberg, Baltimore, Md., for appellant.

Wilson K. Barnes, Baltimore, Md. (William Hoffenberg and Anderson & Barnes, Baltimore, Md., on brief), for appellee.

Before PARKER Chief Judge, SOPER, Circuit Judge, and WARLICK, District Judge.


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...

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