Frigaliment Importing Co. v. B.N.S United States District Court 1960 1) Facts a) Defendant contracted to sell chicken to Plaintiff. b) Both contract indicated that Defendant was selling specified amounts of 2 1/2 – 3 lb. chickens and 1 1/2 – 2 lb. chickens. c) When the fist shipment was sent, Plaintiff found that the heavier chickens were not young chickens suitable for broiling or frying, but older stewing chicken. d) The parties disagree as to what the term “chicken” in the contract means. 2) History a) Plaintiff filed a suit against B.N.S 3) Issue a) What is the definition of a young chicken i) The court used six factors in determining the definition of a chicken: (1) the language of the contract, (2) the preliminary negotiations, (3) trade usage, (4) legal standard, (5) course of performance, and (6) maxims. ii) The first dispute was over the language in the contract on what constituted a young chicken. The language barrier created the assumption that any type of chicken would do. It was the plaintiffs burden to show that the evidence clearly indicated the kind of chicken he wanted. iii) The defendant thought through the negotiations that the type of chicken provided would satisfy the contract, all evidence supports this assumption. 4) Judgment: For Defendant