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FRIGALIMENT IMPORTING CO., LTD., v. B.N.S. INTERNATIONAL SALES CORP.

190 F.Supp. 116 (1960)

FRIGALIMENT IMPORTING CO., Ltd., Plaintiff, v. B.N.S. INTERNATIONAL SALES CORP., Defendant.

United States District Court S. D. New York.

December 27, 1960.

Attorney(s) appearing for the Case

Riggs, Ferris & Geer, New York City (John P. Hale, New York City, of counsel), for plaintiff.

Sereni, Herzfeld & Rubin, New York City (Herbert Rubin, Walter Herzfeld, New York City, of counsel), for defendant.

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...

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