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Contracts Keyed to Kunz
Frigaliment Importing Co. v. B.N.S. International Sales Corp.
Citation:
190 F. Supp. 116 (S.D.N.Y. 1960)ProfessorMelissa A. Hale
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Facts
Plaintiff ordered “US Fresh Frozen Chicken, Grade A, Government Inspected, Eviscerated 2 1/2-3 lbs. and 1 1/2-2 lbs.” from defendant supplier. Plaintiff ordered 75,000 lbs. of 2 1/2-3 lb. chickens and 25,000 lbs. of 1 1/2-2 lb. chickens. Upon delivery, plaintiff complained that the chickens ordered were young broiling chickens and that the 2 1/2-3 lb. chickens received were old stewing chickens. Defendant ignored the complaint and confirmed with plaintiff that plaintiff would accept the next delivery. Plaintiff stopped the delivery at Rotterdam (in the Netherlands) en-route to plaintiff’s warehouse in Switzerland. A debate over the meaning of the term “chickens” ensued and plaintiff instituted this action for breach of contract.
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Topic Resources
Topic Outline
Interpretation of the Contract