Business Law: Principles for Today's Commercial Environment 3rd Edition by Marianne Moody Jennings, David Twomey, Marianne Jennings

Exercise 4

An agent of Thor Food Service Corp. was seeking to sell Makofske a combination refrigerator- freezer and food purchase plan. Makofske was married and had three children. After being informed of the eating habits of Makofske and his family, the agent stated that the cost of the freezer and food would be about $95 to $100 a month. Makofske carefully examined the agent's itemized estimate and made some changes to it. Makofske then signed the contract and purchased the refrigerator-freezer. The cost proved to be more than the estimated $95 to $100 a month, and Makofske claimed that the contract had been obtained by fraud. Decide. [Thor Food Service Corp. v Makofske, 218 NYS2d 93]