Unformatted text preview: out in the industry and plaintiff didn’t prove he knew of this usage. Issue : what is chicken? Holding : judgment for defendant. Roy Notes : *Types of Parole Evidence : • Regulations • Usage of trade • Course of performance – how parties have dealt with each other in this case • Course of dealing – history of how parties dealt with each other • Reasonableness • Price – 33 cents. Young chickens were 35 cents in market. Old chickens were 30 cents. Defendant says he obviously expected to make a profit. Thus, plaintiff should’ve known he was selling old chickens. *Order of Importance : 1. Course of performance 2. Course of dealing 3. Usage of trade...
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- Fall '08
- Frigaliment Importing CO., Roy Notes