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Contracts Keyed to Kuney
Frigaliment Importing v. B.N.S. International Sales
Citation:190 F. Supp. 116 (1960).
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Plaintiff was a Swiss corporation that bought “chickens” from defendant New York corporation. The plaintiff and defendant 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. The 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, the Plaintiff discovered that the 2.5-3 lbs. chickens were stewing chickens rather than young chickens suitable for broiling and frying.
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