Frostifresh Corp. v. Reynoso ( 1967 )


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  • Per Curiam.

    While the evidence clearly warrants a finding that the contract was unconscionable (Uniform Commercial Code, § 2-302), we are of the opinion that plaintiff should recover its net cost for the refrigerator-freezer, plus a reasonable profit, in addition to. trucking and service charges necessarily incurred and reasonable finance charges.

    The judgment should be unanimously reversed, without costs, and a new trial ordered limited to an assessment of plaintiff’s damages and entry of judgment thereon.

    Concur — Schwartzwald, Fanelli and Beckinella, JJ.

    Judgment reversed, etc.