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Plaintiff says "chicken" means a young chicken, suitable for broiling and frying. Defendant says "chicken" means any bird of that genus that meets contract specifications on weight and quality, including what it calls "stewing chicken" and plaintiff pejoratively terms "fowl".
Plaintiff says "chicken" means a young chicken, suitable for broiling and frying. Defendant says "chicken" means any bird of that genus that meets contract specifications on weight and quality, including what it calls "stewing chicken" and plaintiff pejoratively terms "fowl."
The case involves a dispute over whether "chicken" in a contract for the sale of chicken means young chickens or any bird that meets the contract specifications.
Defendant argues that if plaintiff was sincere in thinking it was entitled to young chickens, plaintiff would not have allowed the shipment under the second contract to go forward, since the distinction between broilers and chickens drawn in defendant's cablegram must have made it clear that the larger birds would not be broilers. However ...
Defendant BNS contracts to sell chickens at heavy and light weights to Swiss buyer Plaintiff Frigaliment. Negotiations were in German, but Frigaliment used English word chicken to mean young chicken suitable for broiling and frying, while BNS thought they used the German word (which includes fowl).
Nov 30, 2023 · Conclusion: The court concluded that the plaintiff, Frigaliment Importing Co., failed to prove that the term “chicken” in the contract was intended to mean only young chickens. Consequently, the defendant, B.N.S. International Sales Corp., was not liable for breach of contract for delivering older, stewing chickens.
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Plaintiff's Arguments: The smaller 1½–2 lbs. chicken that plaintiff ordered had to be young since older chickens would necessarily grow larger. Therefore, if "chicken" then meant young chicken, then it must mean young chicken for the larger chickens as well.
