What is a Chicken?


Christina Luk ‘21
Ousted Editor-in-Chief

From Frigaliment Importing Co. v. B.N.S. International Sales Corp, 190 F. Supp. 116 (S.D.N.Y. 1960)

 

what is a chicken?

any bird

that meets contract specifications

 

“chicken” standing alone

is ambiguous,

I turn to see

the contract called

“US Fresh Frozen Chicken, Grade A”

 

“chicken” meant

young chicken

broilers

stewing chicken

any kind of chickens,

and

in German

“Huhn”

 

the threat of contradiction; however,

does not convince

the Law 

 

Plaintiff’s reliance on “chicken”

was only the beginning

his acceptance of the standard

generally known

was no proof

of the alleged usage; indeed,

to the contrary,

the law of New York demands

usage

so notorious,

that the presumption is violent agreement

 

no credit goes too far,

a witness’ consistent failure

meant that

a Chicken is everything.

Everything is a chicken.

“Young chickens”

“Mature chickens,”

“Total chickens.”

“chicken” without specification

 

Defendant argues

the Government definition of “chicken,”

is ignored in the trade.

 

the market is scarcely an answer

33 cents was closer to the prevailing price

certainly

deliberately

a loss,

plaintiff replied

 

your contract chickens shall make it clear

that the measure of damages

did coincide with the dictionary meaning

 

the burden of “chicken” was not sustained.

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cl4eh@virginia.edu