Anchor Fish Corp., a New York Corporation v. Torry Harris, Inc., a New Jersey Corporation, and Torry Harris Foods Pvt, Ltd., a Foreign Corporation
Court of Appeals for the Second Circuit
1Opinion of the Court
CEDARBAUM, District Judge:
This is an action for breach of contract that arises from the shipment by Torry Harris, Inc. to Anchor Fish Corp. of 36,000 pounds of frozen squid.
Prior to the disputed shipment, the parties had established a course of dealing by which Torry Harris sold frozen Loligo squid to Anchor Fish. On August 4, 1994, Anchor Fish received the disputed shipment. There was testimony that approximately two and one-half weeks later, Anchor Fish defrosted the entire shipment and discovered that it contained a portion of Illex squid and was significantly spoiled. Anchor Fish deemed…
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