Grocer was a grocery store selling fresh fish and other food…
Grocer was a grocery store selling fresh fish and other food items. Fishy Fishy was a wholesaler of fresh fish. By a written contract, Grocer and Fishy Fishy agreed that Grocer would purchase from Fishy Fishy 100 pounds per week of a fish known as “rock lurgid” at a specified price. When Fishy Fishy made the first delivery under the contract, however, Grocer refused to accept it, complaining that the rock lurgid delivered by the seller was scmods instead, a species unrelated to lurgid. Grocer sued for breach of contract. At trial, Fishy Fishy attempted to testify that in the fresh fish industry, scmods is frequently referred to as “rock lurgid.” The testimony should be