Legal Opinion
FRIGALIMENT IMPORTING CO., LTD. v. BNS International Sales Corp.
District Court, S.D. New York
Decided December 27, 1960PublishedCited by 62 opinions
1Opinion of the Court
FRIENDLY, Circuit Judge.
The issue is, what is chicken? 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”. Dictionaries give both meanings, as well as some others not relevant here. To support its, plaintiff sends a number of volleys over the net; defendant essays to return them and adds a few serves of its own. Assuming that both parties were acting in good faith, the…
2Cases cited5 opinions
- Walls v. . BaileyNew York Court of Appeals · 1872
- Rubin v. Irving Trust Co.New York Court of Appeals · 1953
- Park v. Moorman Mfg. Co.Utah Supreme Court · 1952
- Henderson v. JimmersonCourt of Appeals of Texas · 1950
- McDonald v. Acker, Merrall & Condit Co.Appellate Division of the Supreme Court of the State of New York · 1920
3Cited by62 opinions
- Mellon Bank, N.A. v. Aetna Business Credit, Inc.Court of Appeals for the Third Circuit · 1980
- Alpharma Inc v. Leavitt, MichaelCourt of Appeals for the D.C. Circuit · 2006
- Intermilo, Inc. v. I.P. Enterprises, Inc. v. Milosun Milouot, an Israeli Corporation Intermili, Inc. Israel Frumer, Third-Party Israel FrumerCourt of Appeals for the Third Circuit · 1994
- Shrum v. ZeltwangerWyoming Supreme Court · 1977
- Farmington Police Officers Ass'n Communication Workers Local 7911 v. City of FarmingtonNew Mexico Court of Appeals · 2006
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