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Frostifresh Corp. v. Reynoso

District Court, Nassau County, Second District
274 N.Y.S.2d 757 (1966)


Frostifresh Corp. (Frostifresh) (plaintiff) is a dealer of home appliances. A Spanish-speaking Frostifresh salesman entered into negotiations with Reynoso (defendant), a Spanish speaker, to sell Reynoso a refrigerator-freezer. The negotiations were conducted solely in Spanish. Reynoso told the salesman that he was losing his job in one week and could not afford the refrigerator-freezer. The salesman ignored this statement and told Reynoso the unit would be paid for by commissions credited to Reynoso’s account for referring new customers to Frostifresh. The salesman submitted an installment contract written solely in English offering to sell Reynoso the refrigerator-freezer for $1,145.88. Reynoso signed the contract, but defaulted after paying Frostifresh $32.00. Frostifresh brought suit in New York state court against Reynoso for breach of contract. At trial, Frostifresh testified that the actual value of the refrigerator-freezer sold to Reynoso was only $348.00. The trial court considered whether the contract between Frostifresh and Reynoso was unconscionable.

Rule of Law


Holding and Reasoning (Donovan, J.)

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