Frigaliment Importing Co. v. B.N.S. International Sales

Frigaliment Importing Co. v. B.N.S. International Sales Corp.

1960 United States District Court SDNY

• Plaintiff, buyer of chickens in Switzerland, defendant is seller of chickens in United States.
• Disagreement as to what ‘chicken’ means in contract for sale. Buyer claims it means young chicken for broiling and frying, seller claims it means any chicken that meets other terms of contract.
• In this case, seller already has money, thus buyer needs to come to the United States and sue for breach of warranty.
• 1.5-2 pound birds were young anyway, issue was whether heavier birds needed to be young as well. Plaintiff argues that chickens were supposed to be the same type in lower and heavier weight.
• Defendant responds that contract for apples that includes lighter and heavier apples does not necessarily imply that they will all be the same type of apple. Furthermore, argues that agreement incorporates USDA standards, which do not specify that ‘chicken’ needs to be ‘young chicken’.
• Plaintiff argues that trade usage is for ‘chicken’ to mean ‘young chicken’, introduces witnesses who contradict themselves.
• Plaintiff has burden to prove breach of warranty, Court is not persuaded that young chicken was meant in contract.

Conclusion

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