UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK 190 F. Supp. 116 (1960) U.S. Dist.
Frigaliment Importing Co. (Plaintiff)
Vs. B.N.S. International Sales Corp. (Defendant)
Facts
The Defendant, B.N.S. International Sales Corp. entered into two agreements to sell chicken to Frigaliment Importing Co., the Plaintiff. When the first shipment reached Switzerland, the Plaintiff realized that the shipment did not contain young chickens for broiling and frying, but contained heavier birds for stewing. The Defendant Company was of the view that any chicken would be able to meet the specifications of the contract as regards the quantity and weight. Conversely, the Plaintiff Company believed ...
