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

190 F.Supp. 116 (S.D.N.Y. 1960)


B.N.S. (D) contracted to sell certain quantities of chicken to Frigaliment (P). In the first of two contracts, D confirmed the sale to P of a certain quantity of 2 1/2-3 lb. chickens and a certain quantity of 1 1/2-2 lb. chickens. The second contract was identical to the first except that it was for 25,000 lbs. less of the heavier chickens and a higher price for the smaller chickens with shipment for May 30th. The initial shipment under the first contract was short, but the balance was shipped May 17th. When the initial shipment arrived in Switzerland P found that the heavier birds were not young chickens suitable for broiling and frying but stewing chickens or fowl. Even with the ensuing protests, the second contract was made and shipped, and D stopped the transportation of these at Rotterdam. D believed that any type of chicken would meet the contract specifications on weight and quantity, including 'stewing chickens.' P believed that 'chicken' meant a young chicken, suitable for broiling and frying. P sued D for breach of warranty claiming that D delivered goods that did not correspond to the description in the contract.