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Contracts Keyed to Epstein
Frigaliment Importing Co., LTD. v. B.N.S. Int’L Sales Corp.
Citation:190 F.Supp. 116 (1960)
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
The action is for breach of the warranty that goods sold shall correspond to the description, New York Personal Property Law. Two contracts are in suit. In the first, defendant, a New York sales corporation, confirmed the sale to the plaintiff of US Fresh Frozen Chicken, Government Inspected, Eviscerated 2 1/2 – 3 lbs. and 1 1/2-2 lbs. each chicken individually wrapped in cryovac. The second contract was identical save that only 50,000 lbs. of the heavier ‘chicken’ were called for, the price of the smaller birds was $37 per 100 lbs., and shipment was scheduled for May 30. When the initial shipment arrived in Switzerland, plaintiff found that the 2 1/2-3 lbs/ birds were not young chicken suitable for broiling and frying but stewing chicken or ‘fowl.’ Indeed, many of the cartons and bags plainly so indicated. Protests ensued. Nevertheless, shipment under the contract was made, the 2 1/2-3 lbs. birds again being stewing chicken.
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