Frostifresh Corp. v. Reynoso

281 N.Y.S.2d 964 (1967)

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Nature of the Case

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Facts

Frostifresh (P) negotiated a contract with Reynoso (D), a consumer, to buy a combination refrigerator-freezer. D agreed to pay $1,145.88. The contract was negotiated in Spanish with a Spanish speaking salesmen of P. D claims that certain sharp practices were used by P's salesman in that they would pay nothing for the unit because they would get $25 finder fees on the numerous sales that would be made to their neighbors and friends and that they would be paid bonuses from work wherein D had just one more week of work left. The contract was never translated into Spanish. The sales price of the unit was $900 with a credit charge of $245.88. At trial, P admitted the unit cost to them was $348. The trial court found the contract to be unconscionable. P appealed.