Frigaliment Importing Co. c. BNS International Sales Corp. Facts: Frigaliment Importing Company sued BNS alleging that BNS breached warranties in two contracts it entered into. In the first of the two contracts, Frigalimnet agreed to sell 75,000 pounds of 2.5 to 3 pound chickens and 25,000 pounds of 1.5 to 2 pound chickens. The second contract was for 50,000 pounds of 2.5 to 3 pound chickens and 25,000 pounds of 1.5 to 2 pound chickens. (smaller chickens were sold at a slightly higher price in this contract than in the first agreement). Both contracts were signed by the parties on May 2, 1957. Shortly thereafter, BNS made 2 shipments to meet the requirements of the first contract, of these two shipments, the first was not delivered in its entirety, but the shortfall was was compensated by the subsequent shipment. After receiving the delivery, Frigaliment came to the conclusion that the larger chickens delivered were not young chickens suitable for frying or grilling. Older chickens, commonly called fowls, were only suitable for stewing purposes. Frigaliment then asked BNS to stop the second contractual shipment of chickens and sued BNS, claiming that under the contract BNS was required to ship only young chickens. BNS in turn responded that the obligation was simply to ship chickens meeting the contract description; according to the contract, this was not exclusive to young chickens.Problem: How was the term chicken used in the contract? Has it been defined? Does the person seeking the definition of the term have the burden of proof to establish its meaning? What type of evidence can be used to define an ambiguous term? Conclusion: No, the word chicken alone is questionable. Frigaliment had to prove that its definition of chi...... middle of paper ......right to file a complaint against the city of Fresberg. The Commerce Clause specifically prohibits states from passing laws/ordinances based solely on economic interests. The Fresberg City Council passed the ordinance solely in an effort to boost the local granite industry. This is not consistent with a national economic interest. The “dormant” commerce clause means that because Congress was given power over interstate commerce, states cannot pass laws or orders that discriminate against interstate commerce. This is clearly what the town of Fresberg has done in attempting to regulate the production of granite for economic purposes. Conclusion: Yes, the granite contractor has the right to file a claim against the Town of Fresberg, the Commerce Clause prohibits such actions on behalf of the Town of Fresberg. government must regulate trade based solely on economic interests.