Given that the term “sandwiches” is not ambiguous and the Lease does not provide a definition of it, this court applies the ordinary meaning of the word. The New Webster Third International Dictionary describes a “sandwich ” as “two thin pieces of bread, usually buttered, with a thin layer (as of meat, cheese, or savory mixture) spread between them.” Under this definition and as dictated by common sense, this court finds that the term “sandwich” is not commonly understood to include burritos, tacos, and quesadillas, which are typically made with a single tortilla and stuffed with a choice filling of meat, rice, and beans….

Further, PR’s reliance on Sabritas is misplaced. PR argues that a flour tortilla qualifies as “bread” and a food product with bread and a filling is a sandwich. In Sabritas, the International Trade Court applied the commercial meaning, rather than the ordinary meaning of bread, to corn tacos shells for purposes of levying tariffs. 22 C.I.T. at 59 (Ct. Int’l Trade 1998). Here, the commercial meaning of “bread” is inapposite where it is the ordinary meaning that is relevant when interpreting an unambiguous contractual term such as “sandwiches.”

– Jeffrey A. Locke, Justice, Superior Court of Massachusetts. White City Shopping Center LP v. PR Restaurants, LLC.

This comes via reader Dan with some help from real-life friend Bill, who points out that there have also been court rulings to determine the definition of the meat “chicken,” among other things. This one came in a case over a leasing contract at a strip mall: A Panera franchise had exclusive rights to sell sandwiches in the mall and its operators apparently bucked when a Qdoba moved in, arguing that Qdoba was also trafficking in sandwiches.

Anyway, the crux of all that legalese is that some judge in Massachusetts ruled in 2006 that a sandwich is not a burrito, which is notable but I would say hardly indisputable. For one thing, the cited dictionary definition of “sandwich” just does not hold up in any to the common sense Locke is so eager to appeal to, and thus seems irrelevant in this instance: “usually buttered”? “thin layer spread between them”? Doesn’t sound like most sandwiches I eat.

I have previously suggested I believe a burrito to be a sandwich, but I’m less certain now that I’ve started working toward a unifying sandwich definition. The NPR proposes something they call the “Neuhaus Rule,” which is “a sandwich is defined as a protein encased in bread product.” But I suspect it’s more complex than that.

Hat tip to Theresa for the NPR link.