Six places where a one-page poultry confirmation is unclear enough to produce litigation — with both sides' arguments, a likely outcome, and a redraft for each. One of the six became Frigaliment Importing Co. v. B.N.S. International Sales Corp., 190 F. Supp. 116 (S.D.N.Y. 1960).
The Seller ships stewing fowl in the 2½–3 lb. class. The Buyer says "chicken" means a young bird; the Seller says the contract's own reference to government grading adopts a regulatory definition that includes fowl.
At $33.00 per 100 lbs., the Seller would have sold below its own cost to supply fryers. Does the price tell you what the word meant?
The grading standard changes between contracting and shipment. Which text did the parties buy — the one in force on 2 May, or the one in force at inspection?
The Buyer opens the cartons in Switzerland and rejects. The Seller says its obligation ended at the ship's rail in New York, an ocean voyage earlier.
Shipment is "scheduled" — not promised — and only "pursuant to instructions" from a forwarding agent who is not a party to the contract.
Both confirmations were signed 2 May 1957 on identical product terms at different prices. Neither says which governs, or how a carton is assigned to one rather than the other.