Frostifresh Corp. v. Reynoso

274 N.Y.S.2d 757 (1966)

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Frostifresh Corp. v. Reynoso

New York District Court
274 N.Y.S.2d 757 (1966)

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Facts

Frostifresh Corp. (Frostifresh) (plaintiff) was a dealer of home appliances. A Spanish-speaking Frostifresh salesman entered into oral negotiations with Luis Reynoso (defendant), attempting to sell Reynoso a refrigerator-freezer. Reynoso did not speak English and so the negotiations were conducted solely in Spanish. Reynoso informed the salesman that Reynoso had only one week left in his job and could not afford the refrigerator-freezer. However, the salesman told Reynoso that the unit would not cost Reynoso anything because Reynoso would receive bonuses or commissions on sales Frostifresh made to Reynoso’s neighbors and friends. The salesman then presented Reynoso with an installment contract written entirely in English. The contract was neither translated to Spanish nor explained to Reynoso. It listed a sales price of $900 and a credit charge of $245.88, for a total cost of $1,145.88. Reynoso signed the contract but defaulted after paying Frostifresh only $32. Frostifresh brought suit in New York state court against Reynoso for breach of contract. At trial, Frostifresh testified that Frostifresh’s cost for the refrigerator-freezer was only $348. The trial court considered whether the contract between Frostifresh and Reynoso was unconscionable and therefore unenforceable.

Rule of Law

Issue

Holding and Reasoning (Donovan, J.)

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