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Contracts Keyed to Burton
Frigaliment Importing Co. v. B.N.S. International Sales Corp.
Citation:
190 F. Supp. 116
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
After meeting at the World Trade Fair, Frigaliment Importing Company (hereinafter “Frigaliment”) (plaintiff) entered into two contracts with B.N.S. International Sales Corporation (hereinafter “B.N.S.”) (defendant) for the sale of fresh frozen, grade A, government-inspected chicken. The two companies negotiated the deal mostly in German. Friglament intended for the English term “chicken” to refer to a young chicken that was suitable for broiling and frying, or broilers. B.N.S., on the other hand, believed that the German term for “chicken” (“huhn”) referred to stewing chicken, or fowl. When the first shipment of chicken arrived, Figaliment found that the birds, although they met the size specifications in the contract, were stewing chicken. Frigaliment informed B.N.S. of the issue, but still allowed B.N.S. to send the second shipment. The birds in the second shipment were again stewing chicken. Frigaliment sued B.N.S. for breach of warranty, contending that the chicken sold did not correspond to its description in the contract.
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