Contracts Keyed to Farnsworth
Frigaliment Importing Co. v. B.N.S. International Sales Corp
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
Plaintiff Frigaliment Importing Co. is a Swiss corporation that sought to purchase chickens from the Defendant B.N.S. International Sales Corp., a New York sales corporation. The first contract between the parties specified that Plaintiff would receive “US Fresh Frozen Chicken, Grade ‘A’, Government Inspected, Eviscerated.” The second contract was identical except that heavier chickens were called for. When the first shipment arrived, Plaintiff realized that the birds were not “young chicken” suitable for broiling or frying but rather stewing chicken or “fowl.” Plaintiff thereafter initiated this suit averring that there was a trade usage that “chicken” meant “young chicken.” Defendant, which was new to the trade at the time of contracting, countered that “chicken” referred to all classes of chicken, not just young chicken.
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