So much for continuity. I’ve had three weeks of not wanting
to write a blog post. I started to write one once or twice. I also jotted down
some ideas of what to write about. But deep down I was just tired of school and
not in the mood to work at typing anything up.
But in the meantime, some interesting things happened that
are worth mentioning:
 |
| At the #10 redoubt in Yorktown |
Ambiguous Chicken
This is another example of something that looks simple
anywhere outside of law school (and the courtroom). The basis of this case was
two companies arguing over the definition of chicken. If I was asked to come up
with an ambiguous term, I would not have considered “chicken” to be a
contender. It’s amusing to read a case
discussing the many meanings of a term most of us would be able to define at age
3.
In case you’re wondering, one company claimed chicken meant,
well, any chicken. The other company was arguing that chicken meant (within the
chicken selling industry) a young and tender bird, not the old and tough ones
the other company shipped to them. The Department of Agriculture, by the way,
has at least six classes of chicken (broiler, fryer, roaster, capon, stag, hen,
cock…). Frigaliment Importing Co. v. B.N.S. International Sales Corp., 190 F.
Supp. 116 (S.D.N.Y. 1960).
 |
| Jamestown Fort |
The Haunted House Rescission
Speaking of amusing cases, quite possibly the best opinion I’ve
read is from Stambovsky v. Ackley, in which the plaintiff sued to cancel a
contract to buy a house after learning the house was widely reputed to be
possessed by poltergeists. I suspect the judge had fun writing the opinion: “While
I agree . . . the plaintiff hasn’t a ghost of a chance [under a certain legal
doctrine], I am nevertheless moved by the spirit of equity to allow the buyer
to seek rescission.” The judge also quoted the Ghost in Shakespeare’s Hamlet.
But by far my favorite statement from the judge was, “If the
language of the contract is to be construed as broadly as defendant urges to
encompass the presence of poltergeists in the house, it cannot be said that she
has delivered the premises ‘vacant’ in accordance with her obligation.” 572
N.Y.S.2d 672 (1991).
 |
| Monticello |
Spring Break
I don’t have time to detail all of Spring Break, but I’m
grateful that two circumstances combined to take me to more new sights in a
week than I had visited in the previous seven months. One circumstance was, of
course, time off from school. The second was the presence of a good friend to
go exploring with.
 |
| Jamestown Glasshouse |
My favorite sights were Monticello (the one-time home of
Thomas Jefferson) and the Jamestown Glasshouse (with live glass blowing). I
could happily spend another day or two at either location. I also enjoyed
driving all over Yorktown, as it was late in the day and we had the place to
ourselves (not counting the deer). We spent a lot of time in Jamestown and not
enough time in Colonial Williamsburg. And we wore coats all week (because it was
cold).
Spring break was a treat. It whetted my appetite for more exploring. I doubt I'll get to do that much in the last seven weeks, of this semester, but Summer Break will be longer (and warmer) than Spring Break...
 |
| At the Jamestown Settlement |
No comments:
Post a Comment