B.N.S. International Sales Corp.
P defines chicken as that which is young and suitable for broiling and frying.
D defines chicken as any bird of that particular genus that meets the specified weight and quality, this according to the D includes stewing chicken, which the P would term fowl. Portions of the first shipment were received on May 28 th in Switzerland of which the P claimed were fowl stewing chicken as stipulated on the bag. Shipment under the second contract was made the following day with the same weight of birds though the D stopped the transportation in Rotterdam. A. P s initial argument addressing the weight of the birds as the determining factor as to their age is not persuasive. Bauer accepted an agreement after testing the market price and responded as such in a cable.