Thursday, December 26, 2013

Frostifresh Corp. v. Reynoso case brief

Frostifresh Corp. v. Reynoso case brief summary
274 N.Y.S.2d 757 (1966)

Plaintiff store filed an action in the District Court of Nassau County (New York) for the amount owed on a refrigerator purchased by defendants.

Plaintiff store sold a refrigerator to defendants, a Spanish-speaking couple. Plaintiff's salesman deluded defendants by advising them that the refrigerator would cost them nothing because they would be paid bonuses or commissions of $25 each on the numerous sales that would be made to their neighbors and friends. The contract was negotiated orally in Spanish. However, the retail installment contract was in English and was not translated or explained to defendants. Defendants were ultimately charged $1,145 for a refrigerator that cost plaintiff $348. Plaintiff later sued defendants for payment of the refrigerator as defendants had only paid $32 on the contract.


  • The court held that the sale of the refrigerator at the price and terms indicated in the contract was unconscionable and shocking to the conscience. 
  • The court held that defendants only had to pay plaintiff $316 plus interest for the refrigerator.

Plaintiff was only awarded judgment against defendants in the amount of $316 with interest because the sale of the refrigerator at the price and terms indicated in the contract between plaintiff and defendants was unconscionable.

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