by bourbonv » Fri Jul 27, 2007 6:01 pm
Gary,
The contract is between W A Gaines and Co. and H.B. Kirk and Co. dating from 12 October 1906. I will not try to copy all three pages from the contract, but will hit some points that are of interest.
"W.A. Gaines & Co. have for the past 26 years sold to the said corporation of H. B. kirk & Co. of New Jersey and its predecessor firms of the same name and style, the entire product of the OLD CROW RYE WHISKEY from the Old Crow Distillery in Woodford County"
This states the fact that this relationship dates back to 1880 and the rye was made at the Old Crow Distillery, but...
"will neither sell nor deliver any of the Old Crow Rye whiskey new or hereafter produced at the Old Crow Distillery in Woodford County, Kentucky, or elsewhere, to any person, firm or corporation other than H. B. Kirk & Co."
This reflects the fact that Gaines was purchasing rye whiskey from E H Taylor, Jr. made at the OFC distillery and probably continued to do so from the Old Taylor Distillery. Both Taylor and Gaines purchased rye from other distillers in the area such as McBrayer and sold it under their own brand name as well as McBrayer. I know this from the Taylor-Hay papers at the Filson.
The contract foes on to state that Gaines will produce as much rye as Kirk desires unless unavoidable conditions prevent it.
The next clause states that Gaines will sell the rye for 10 cents above production cost per gallon.
The next clause discuss credit for the purchase.
The fifth clause discusses the use of the Old Crow Labels and brands on the barrel head, stating that Kirk will not let any other firm use them.
The sixth clause states that Old Crow will maintain its present high quality standards and that Kirk can demand a refund within 4 years of the purchase of the whiskey if it feels the quality is not up to standard.
The seventh clause states that W A Gaines will bottle in bond Old Crow rye for H B Kirk & Co.
The eighth clause states that H B Kirk & Co. will "endeavor to to push the business" of Old Crow Rye and sell as much as possible.
The nineth clause states who the stockholders are in H B Kirk.
The last clause states that this is a 99 year contract.
So there are no mash bills or age statements mentioned. The deal seems to be for new made whiskey and Kirk would determine when it was sold on the market and at what proof. Provisions were made for a bonded product which of course means at least 4yo and 100 proof.
Mike Veach
"Our people live almost exclusively on whiskey" - E H Taylor, Jr. 25 April 1873