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Contracts Keyed to Dawson
Frigaliment Importing Co. v. B.N.S. International Sales Corp.
Citation:190 F. Supp. 116.
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Plaintiff was a Swiss corporation that bought chickens from the defendant New York sales corporation. The parties entered into two contracts on May 2, 1957. The first contract was for 75,000 lbs. of 2.5-3 lbs. chickens at $33.00/100 lbs. and 25,000 lbs. of 1.5-2 lbs. chickens at $36.50/100 lbs. This shipment was scheduled to ship on May 10, 1957. The second contract was for 50,000 lbs of 2.5-3 lbs chickens at $33.00/100 lbs. and 25,000 lbs. of 1.5-2 lbs. chickens at $37.00/100 lbs. This shipment was scheduled for May 30, 1957. When the initial shipment arrived in Switzerland the Plaintiff discovered that the 2.5-3 lbs. chickens were stewing chickens rather than young chickens suitable for broiling and frying. Plaintiff contended that the word “chicken” in the contract meant young chicken because the negotiations were primarily in German except for the use of the English word “chicken” and that there was a definite trade usage of the word “chicken” to mean young chicken.
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