Logourl black

Frostifresh Corp. v. Reynoso

Supreme Court, Appellate Term, Second Department, New York
281 N.Y.S.2d 964 (1967)


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 determined that the contract between Reynoso and Frostifresh was void due to unconscionability. The trial court held Reynoso was only liable for the actual cost of the refrigerator-freezer to Frostifresh minus the amount already paid on the contract, or $316.00 total. Frostifresh appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.


The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Per Curiam)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.

Here's why 94,000 law students rely on our case briefs:

  • Reliable - written by law professors and practitioners not other law students.
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your class - works on your mobile and tablet.
  • 12,592 briefs - keyed to 169 casebooks.
  • Uniform format for every case brief.
  • Written in plain English - not in legalese and not just repeating the court's language.
  • Massive library of related video lessons - and practice questions.
  • Ability to tag case briefs in an outlining tool.
  • Top-notch customer support.
Start Your Free Trial Now