PARKER, Chief Judge.
This is the second appeal in an action for breach of warranty against excess "outage", or deficiency in content, made in connection with a sale of neutral grain spirits in barrels. On the first trial of the case, the trial judge held that the language relied on did not amount to a warranty because not used when the sale was closed but in the prior negotiations and, without passing on the meaning of the language relied on as a warranty or determining...
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