Sunday, December 1, 2013

Frigaliment Importing Co. v. B.N.S. International Sales Corp. case brief

Frigaliment Importing Co. v. B.N.S. International Sales Corp. case brief summary
190 F. Supp. 116 (1960)

Plaintiff, a foreign corporation, brought an action for breach of the warranty, alleging that goods sold should correspond to the description in two contracts with defendant, a state sales corporation.

Defendant state sales corporation had two contracts with plaintiff foreign corporation for the sale of "chicken". After plaintiff received one shipment of stewing chicken and another was stopped, plaintiff brought a breach of warranty action, alleging that the goods sold should have corresponded to the description because the chicken was not suitable for broiling and frying.


  • In dismissing plaintiff's complaint, district court held that plaintiff's reliance on the fact that the contract forms contained words with a blank not filled to negate agency was wholly unpersuasive where the clause's purpose was to permit filling in an intermediary's name to whom commission would be payable. 
  • Defendant's subjective intent that it could comply with the contracts by delivering stewing chicken coincided with objective meaning of "chicken," which had at least some usage in the trade; and plaintiff did not sustain its burden that "chicken" was used in the narrower rather than in the broader sense.

Plaintiff foreign corporation's complaint was dismissed where plaintiff did not sustain its burden of persuasion that the contract with defendant state sales corporation used the word "chicken" in the narrower sense and defendant's subjective intent coincided with an objective meaning of "chicken."

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