Brief of Case-Frigaliment Importing v.B.N.S_

Brief of Case-Frigaliment Importing v.B.N.S_ - Brief of...

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Brief of Case-Frigaliment Importing v. B.N.S. International Sales Facts of case: Plaintiff, the buyer, is a Swiss corporation called Frigaliment Importing Co. Defendant, the seller, is a New York sales corporation called B.N.S. International Sales Corp. They entered two contracts that defendant sells chicken to plaintiff with specified quality and quantity. Plaintiff thought that “chicken” in the contract meant young chicken while defendant interpreted that chicken meant any bird of genus. Defendant asked plaintiff’s agent what kind of chicken were wanted and the received answer was any kind of chickens. The first shipment was sent. When plaintiff received, it was found that the chickens were not young chickens suitable for broiling or frying. They were stewing chickens. Therefore, plaintiff brought the suit for breach of warranty. Issues: Does the term “chicken” in the contract only mean young chicken? Holding:
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This note was uploaded on 11/22/2011 for the course BUS 401 taught by Professor Terrywilson during the Spring '11 term at Solano Community College.

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