Unconscionability has generally been recognized to include an absence of meaningful choice on the part of one of the parties, together with contractual terms which are unreasonably favorable to the other party. 1976 OK 33, 23, 548 P.2d at 1020. But in any country, no one will buy you a free lunch or provide you a-or give you a free cigarette pack of three dollars. 1. Applying these figures, the annual value of the litter from de-caking alone (i.e.,which does not include additional volumes of litter from a complete clean out) appears to range from roughly $7,200 to $15,000. Xiongs wife Mee Yang needed an English interpreter to communicate. 20 Buyers argue no fair and honest person would propose and no rational person would enter into a contract containing a clause imposing a premium for land and which, without any consideration to them, imposes additional costs in the hundreds of thousands over a thirty-year period that both are unrelated to the land itself and exceed the value of the land. Stoll v. Xiong 241 P.3d 301 (2010) Court of Civil Appeals of Oklahoma - Mr. and Mrs. Xiong are Laotian refugees with limited English abilities. Supreme Court of Michigan. After arriving in the United States, he attended an adult school for two years where he learned to speak English and learned the alphabet. No. Seller shall have all rights to the litter for a period of 306 years for [sic] the date of closing. That judgment is AFFIRMED. Xiong had three years of school in Laos and learned to read and write Laotian. Subscribers are able to see the revised versions of legislation with amendments. He alleged Buyers. The trial court found the chicken litter clause was unconscionable, granted Buyers' motion for summary judgment, denied Stoll's motion for summary judgment, and entered judgment in favor of Buyers on Stoll's petition. Prior to coming to the United States, Xiong, who is from Laos, became a refugee due to the Vietnam War. What was the outcome? Ut ultricies suscipit justo in bibendum. - Stoll contracted to sell the Xiong's a 60-acre parcel of land in Oklahoma for $130,000 ($2,000 per acer plus $10,000 for a road). 12 The paragraph at the center of this dispute reads: 10. Stoll moved for summary judgment in his favor, claiming there was no dispute Buyers signed the Agreement to Sell Real Estate on January 1, 2005, and under that agreement he was entitled to the chicken litter for 30 years. After 2008, rising oil prices drove up the cost of commercial fertilizer, but before then he had not sold litter for more than $12 per ton. The three-page Agreement to Sell Real Estate appears to be missing a page. And I have tried to think of an example that I think was more unconscionable than the situation than (sic) I find to have been here as far as that clause. They received little or no education and could. 3 On review of summary judgments, the appellate court may "substitute its analysis of the record for the trial court's analysis" because the facts are presented in documentary form. 5 According to Stoll, on November 8, 2004, Buyers signed a "preliminary" version of the contract which he did not execute, the contract terms at issue are the same as those in the executed January 1, 2005 contract, and they had time to have the disputed terms explained to them during the interim. The agreement also describes the property as a parcel which is "adjacent to the farm recently purchased by Shong Lee and Yer Xiong Lee," le., Xiong's sister and brother-in-law, who are the defendants in the companion case. 10 Buyers answered and stated affirmative defenses and counter claims, including that the sales contract has merged into their deed filed February 18, 2005 without incorporation of the provision on chicken litter such that the provision can not run with the land; impossibility of performance due to Stoll's violations of concentrate feeding operations statutory provisions; unconscionability of the contract; fraud due to Stoll's failure to provide cost information despite their limited language skills; trespass; and damages for harm to a shed caused by Stoll's heavy equipment. Perry v. Green, 1970 OK 70, 468 P.2d 483. Page one ends with numbered paragraph 7 and the text appears to be in mid-sentence. Advanced A.I. Ronald STOLL, Plaintiff/Appellant, v. CHONG LOR XIONG and Mee Yang, Defendants/Appellees. Ross By and Through Ross v. City of Shawnee, 1984 OK 43, 683 P.2d 535. 4 Factual descriptions are somewhat confusing in some of parts of Stoll's motion due to a reliance upon his deposition taken in Stoll v. Lee, companion Case No. And if unconscionability has any meaning in the law at all, if that is a viable theory at all, then I think this is a prime example of it. We agree such an analogy is helpful with this analysis. We affirm the trial court's findings the contract paragraph supporting Stoll's claim is unconscionable and Buyers were entitled to judgment in their favor as a matter of law. He contends the contract was valid and enforceable. Stoll v. Chong Lor Xiong , 241 P.3d 301 ( 2010 Explain unconscionable contracts and the legal principle behind it. 9 Stoll's petition claims Buyers breached their contract with him by attempting to sell their chicken litter to someone else and asks for specific performance and a temporary injunction to prevent any sales to third-parties. 7 Support alimony becomes a vested right as each payment becomes due. Integer semper venenatis felis lacinia malesuada. Lastly, the court ruled that the consideration actually to be paid under the contract far exceeded that stated. The purchase price is described as "One Hundred Twenty Thousand Dollars ($130,000) [sic]. Effectively, Stoll either made himself a partner in their business for no consideration or he would receive almost double to way over double the purchase price for his land over thirty years. 10 Buyers answered and stated affirmative defenses and counter claims, including that the sales contract has merged into their deed filed February 18, 2005 without incorporation of the provision on chicken litter such that the provision can not run with the land; impossibility of performance due to Stoll's violations of concentrate feeding operations statutory provisions; unconscionability of the contract; fraud due to Stoll's failure to provide cost information despite their limited language skills; trespass; and damages for harm to a shed caused by Stoll's heavy equipment. Nearby land had sold for $1,200 per acre. Unconscionability is directly related to fraud and deceit. An unconscionable contract is one which no person in his senses, not under delusion would make, on the one hand, and which no fair and honest man would accept on the other. Stoll testified he believed his land was worth $2,000 per acre rather than the $1,200 per acre price of nearby land in 2004 due to the work he had done to clear and level it. Buyers shall place the litter from their poultry houses in the litter shed at the end of the growing cycle. 3. 134961. 241 P.3d 301 (2010) Court of Civil Appeals of Oklahoma. 107,879, brought by Stoll against Xiong's sister, Yer Lee, and her husband, Shong Lee, to enforce provisions of a contract containing the same 30-year chicken litter provision, were argued at a single hearing. After 2008, rising oil prices drove up the cost of commercial fertilizer, but before then he had not sold litter for more than $12 per ton. 15 In their motion for summary judgment, Buyers argued the contract was unconscionable and there is no "colorable argument that the contract was bargained for between informed parties." The officers who arrested Xiong found incriminating physical evidence in the hotel room where he was arrested, including card-rigging paraphernalia and a suitcase containing stacks of money made to appear as if consisting solely of $100 bills. 20 Buyers argue no fair and honest person would propose and no rational person would enter into a contract containing a clause imposing a premium for land and which, without any consideration to them, imposes additional costs in the hundreds of thousands over a thirty-year period that both are unrelated to the land itself and exceed the value of the land. The buyers sold the litter to third parties. Stoll v. Chong Lor Xiong - 2010 OK CIV APP 110, 241 P.3d 301 Rule: The equitable concept of unconscionability is meaningful only within the context of otherwise defined factors of onerous inequality, deception, and oppression. Get free summaries of new Oklahoma Court of Civil Appeals opinions delivered to your inbox! He testified he understands some spoken English but can only read a "couple" written words. You also get a useful overview of how the case was received. Defendants Chong Lor Xiong and Mee Yang were husband and wife. 10 Buyers answered and stated affirmative defenses and counter claims, including that the sales contract has merged into their deed filed February 18, 2005 without incorporation of the provision on chicken litter such that the provision can not run with the land; impossibility of performance due to Stoll's violations of concentrate feeding operations statutory provisions; unconscionability of the contract; fraud due to Stoll's failure to provide cost information despite their limited language skills; trespass; and damages for harm to a shed caused by Stoll's heavy equipment. Afterwards, the bedding shavings are replenished for the next flock to a level set by Simmons' contract. Prior to coming to the United States, Xiong, who is from Laos, became a refugee due to the Vietnam War. Discuss the court decision in this case. 107,879, brought by Stoll against Xiong's sister, Yer Lee, and her husband, Shong Lee, to enforce provisions of a contract containing the same 30-year chicken litter provision, were argued at a single hearing. 39 N.E. We just asked him to help us [sic] half of what the de-cake cost is, and he said no. When they bought a chicken farm next door to Xiong's sister and her husband, seller Ronald Stoll (plaintiff) gave them a preliminary contract to review that specified a price of $2,000 per acre. Stoll v. Xiong. Get the rule of law, issues, holding and reasonings, and more case facts here: https://www.quimbee.com/cases/stoll-v-xiongThe Quimbee App features over 16,300 case briefs keyed to 223 casebooks. He lived in a refugee camp in Thailand for three years. 19 An analogy exists regarding the cancellation of deeds. According to his petition, Stoll discovered Yang and Xiong were selling the chicken litter to others and the chicken litter shed was empty on or about March 24, 2009. Set out the facts of the Stoll v. Xiong case. One Hundred Twenty Thousand Dollars ($130,000) [sic]. The trial court found the chicken litter clause in the land purchase contract unconscionable as a matter of law and entered judgment in Buyers' favor. Factual descriptions are somewhat confusing in some of parts of Stoll's motion due to a reliance upon his deposition taken in Stoll v. Lee, companion Case No. CASE 9.6 Stoll v. Xiong 9. Stoll v. Chong Lor Xiong , 241 P.3d 301 ( 2010 ) Explain unconscionable contracts and the legal principle behind it. 107,880. The equitable concept of unconscionability is meaningful only within the context of otherwise defined factors of onerous inequality, deception and oppression. Yang testified at deposition that according to Stoll's representations, the litter could be worth $25 per ton. No. Ross By and Through Ross v. City of Shawnee, 1984 OK 43, 683 P.2d 535. Bendszus M, Nieswandt B, Stoll G. (2007) Targeting platelets in acute experimental stroke: impact of glycoprotein Ib, VI, and IIb/IIIa blockade on infarct size, functional . It has many times been used either by analogy or because it was felt to embody a generally accepted social attitude of fairness going beyond its statutory application to sales of goods. Fichei v. Webb, 1930 OK 432, 293 P. 206; Morton v. Roberts, 1923 OK 126, 213 P. 297. Stoll testified in a deposition taken in the companion case that the litter had value to him because "I was trading it for a litter truck and a tractor." . COA No. 4 His suit against Buyers was filed the next day. We affirm the trial court's findings the contract paragraph supporting Stoll's claim is unconscionable and Buyers were entitled to judgment in their favor as a matter of law. The buyers relied on a relative to interpret for them. Similar motions were filed in companion Case No. Gu L, Xiong X, Zhang H, et al. 8 Xiong testified that in February of 2009 he had traded the chicken litter from the first complete clean out of their six houses for shavings. We agree such an analogy is helpful with this analysis. He also testified he had independent knowledge, due to having put shavings into ten houses eight weeks prior to his deposition on April 9, 2009, that a chicken house estate located in the same size as Buyers' houses took one semi load of shavings at a cost of $1,600 per load. 60252. Her deposition testimony to that effect was included as an exhibit to Stoll's response to Buyers' motion for summary judgment. 1. In opposition to defendant's motion on this issue, plaintiff alleges, "GR has shown the settlement was unconscio.. Midfirst Bank v. Safeguard Props., LLC, Case No. He also claims he is entitled to immediate possession and if the litter has been taken in execution of a judgment against him, is exempt from being so taken. 2nd Circuit. 3 The de-caking process involves removal of some of the upper layer of bedding used by a flock. The number is hand-written in this agreement and typed in the paragraph in the companion case, but both contain the same text. 12 The paragraph at the center of this dispute reads: The number is hand-written in this agreement and typed in the paragraph in the companion case, but both contain the same text. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 107,879, as an interpreter. App. Xiong testified at deposition that they raised five flocks per year in their six houses. An unconscionable contract is one which no person in his senses, not under delusion would make, on the one hand, and which no fair and honest person would accept on the other. Carmichael v. Beller, 1996 OK 48, 2, 914 P.2d 1051, 1053. The buyers of a chicken farm ended up in court over one such foul contract in Stoll versus Xiong.Chong Lor Xiong spoke some English. Stoll testified in a deposition taken in the companion case that the litter had value to him because I was trading it for a litter truck and a tractor., He was unsure what damages he would sustain from not having the litter but had told people he would have litter for sale, now it's not available.. The Court went on to note: 17 "The question of uneonscionability is one of law for the Court to decide." Stoll v. Xiong Ross By and Through Ross v. City of Shawnee, 1984 OK 43, 683 P.2d 535. VLEX uses login cookies to provide you with a better browsing experience. pronounced. Prior to coming to the United States, defendant Xiong, who was from Laos, became a refugee due to the Vietnam War. Thus, the court agreed with the defendants that no fair and honest person would propose, and no rational person would enter into, a contract containing a clause imposing a premium for land and which, without any consideration to them, imposed additional costs in the hundreds of thousands over a thirty-year period that both were unrelated to the land itself and exceeded the value of the land. . 3. https://www.quimbee.com/case-briefs-overview Have Questions about this Case? Perry v. Green, 1970 OK 70, 468 P.2d 483. 7 After the first growing cycle, Buyers de-caked 3 their chicken houses at a cost of $900. Opinion by WM. A few years before this contract, other property in the area sold for one thousand two hundred dollars an acre. He testified he understands some spoken English but can only read a "couple" written words. In 2005, defendants contractedto purchase from plaintiff Ronald Stoll as Seller, a sixty-acre parcel of real estate. right of "armed robbery. . Loffland Brothers Company v. Overstreet, 1988 OK 60, 15, 758 P.2d 813, 817. Her subsequent education consists of a six-month adult school program after her arrival in the United States. 9 Stoll's petition claims Buyers breached their contract with him by attempting to sell their chicken litter to someone else and asks for specific performance and a temporary injunction to prevent any sales to third-parties. In posuere eget ante id facilisis. Stoll v. Xiong Download PDF Check Treatment Red flags, copy-with-cite, case summaries, annotated statutes and more. INSTRUCTOR: Virginia Goodrich, Esq. Defendants answered that the sales contract has merged into their deed filed in 2005 without incorporation of the provision on chicken litter such that the provision cannot run with the land. All inferences and conclusions to be drawn from the evidentiary materials must be viewed in a light most favorable to Plaintiff. He contends the contract was valid and enforceable. Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world. They argued Stoll's own inability to articulate a reason any party would agree to give their chicken litter away when they also had to bear all the costs of generating it. The basic test of unconscionability of a contract is whether under the circumstances existing at the time of making of the contract, and in light of the general commercial background and commercial need of a particular case, clauses are so one-sided as to oppress or unfairly surprise one of the parties. Couple fails to deliver chicken litter and failing to perform the the 30 year provision stated in the contract. You can explore additional available newsletters here. Submit your questions and get answers from a real attorney here: https://www.quimbee.com/cases/stoll-v-xiongDid we just become best friends? 107880. Opinion by WM. CHONG LOR XIONG and MEE YANG, Defendants/Appellees. At hearing on the motions for summary judgment,7 Stoll argued the contract was not unconscionable and it was simply a matter of buyer's remorse. The Xiongs asserted that the agreement was inappropriate. 19 An analogy exists regarding the cancellation of deeds. As the Oklahoma Court of Civil Appeals once noted, "[a]n unconscionable contract is one which no person in, The question of unconscionability is one of law for the Court to decide. Stoll v. Chong Lor Xiong, 241 P.3d, Full title:Ronald STOLL, Plaintiff/Appellant, v. CHONG LOR XIONG and Mee Yang. Fickel v. Webb, 1930 OK 432, 293 P. 206; Morton v. Roberts, 1923 OK 126, 213 P. 297. 5. He also claims he is entitled to immediate possession and if the litter has been taken in execution of a judgment against him, is exempt from being so taken. The opposing motions for summary judgment in this case and those filed in companion Case No. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. Fickel v. Webb, 1930 OK 432, 293 P. 206; Morton v. Roberts, 1923 OK 126, 213 P. 297. whether one party is entitled to judgment as a matter of law because there are no material disputed factual questions." 6 On January 1, 2005, Buyers contracted2 to purchase from Stoll as Seller "a sixty (60) acre parcel of real estate located in Delaware County, Oklahoma approximately .5 miles East of the current Black Oak Farm, and adjacent to land recently purchased by Shong Lee and Yer Xiong Lee." Stoll moved for summary judgment in his favor, claiming there was no dispute Buyers signed the Agreement to Sell Real Estate on January 1, 2005, and under that agreement he was entitled to the chicken litter for 30 years. "Although a trial court in making a decision on whether summary judgment is appropriate considers factual matters, the ultimate decision turns on purely legal determinations, i.e. All inferences and conclusions to be drawn from the evidentiary materials must be viewed in a light most favorable to Plaintiff. Buyers responded, arguing their illiteracy forced them to rely upon representations made to them and the interpreter available to them, Xiong's sister, explained the land purchase price but did not herself understand the meaning of the chicken litter paragraph. This purchase price represents $2,000 per acre and $10,000 for the cost of an access road to be constructed to the property by Seller." "Ordinarily the mere inadequacy of consideration is not sufficient ground, in itself, to justify a court in canceling a deed, yet where the inadequacy of the consideration was so gross as to shock the conscience, and the grantor was feeble-minded and unable to understand the nature of his contract, a strong presumption of fraud arises, and unless it is successfully rebutted, a court of equity will set aside the deed so obtained." Stoll testified in a deposition taken in the companion case that the litter had value to him because "I was trading it for a litter truck and a tractor." 107,880. The couple buys real estate for 130,000. Stay connected to Quimbee here: Subscribe to our YouTube Channel https://www.youtube.com/subscription_center?add_user=QuimbeeDotCom Quimbee Case Brief App https://www.quimbee.com/case-briefs-overview Facebook https://www.facebook.com/quimbeedotcom/ Twitter https://twitter.com/quimbeedotcom #casebriefs #lawcases #casesummaries Use this button to switch between dark and light mode. Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more. Did the court act appropriately in your opinion? Heres how to get more nuanced and relevant Prior to coming to the United States, Xiong, who is from Laos, became a refugee due to the Vietnam War. He testified he understands some spoken English but can only read a couple written words. 1971 1-101[ 14A-1-101], et seq., found that "[a]n unconscionable contract is one which no person in his senses, not under delusion would make, on the one hand, and which no fair and honest man would accept on the other." 743 N.W.2d 17 (2008) PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Delonnie Venaro SILLIVAN, Defendant-Appellant. An order granting summary relief, in whole or in part, disposes solely of law questions and hence is reviewable by a de novo standard. (2) When it is claimed or appears to the court that the contract or any clause thereof may be unconscionable the parties shall be afforded a reasonable opportunity to present evidence as to its commercial setting, purpose and effect to aid the court in making the determination. The UCC Book to read! 11 Buyers moved for summary judgment, arguing there is no dispute about material facts, the contract is unconscionable as a matter of law, and that as a consequence of this unconscionability, all of Stoll's claims should be denied and judgment be entered in their favor. She did not then understand "when or what paperwork that we had signed with him giving him the rights to the litters.". Xiong, who is from Laos, became a refugee due to the Vietnam War. 107,879, as an interpreter. make, on the one hand, and which no fair and honest man would accept on the other." ACCEPT. Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. 16 In Barnes v. Helfenbein, 1976 OK 33, 548 P.2d 1014, the Court, analyzing the equitable concept of unconscionability in the context of a loan with the Uniform Consumer Credit Code, 14A O.S.1971 1-101, et seq., found that "[a]n unconscionable contract is one which no person in his senses, not under delusion would make, on the one hand, and which no fair and honest man would accept on the other." He claims the trial court should have recognized "the validity of the contract at issue" and granted him judgment as a matter of law. armed robbery w/5 gun, "gun" occurs to 7 After the first growing cycle, Buyers de-caked3 their chicken houses at a cost of $900. They argued Stoll's own inability to articulate a reason any party would agree to give their chicken litter away when they also had to bear all the costs of generating it. All inferences and conclusions to be drawn from the evidentiary materials must be viewed in a light most favorable to Plaintiff. 35- Apply (in your own words) the three required elements of unconscionability to the facts of the case Stoll v. Xiong. This site is protected by reCAPTCHA and the Google, Oklahoma Court of Civil Appeals Decisions. Don't Miss Important Points of Law with BARBRI Outlines (Login Required). 17 "The question of unconscionability is one of law for the Court to decide." The trial court found the litter provision unconscionable and granted summary judgment in the buyers favor. He claims the trial court should have recognized "the validity of the contract at issue" and granted him judgment as a matter of law. Midfirst Bank v. Safeguard Props., LLC, Case No. Court of Civil Appeals of Oklahoma, Division No. 9 Stoll's petition claims Buyers breached their contract with him by attempting to sell their chicken litter to someone else and asks for specific performance and a temporary injunction to prevent any sales to third-parties. 10 Buyers answered and stated affirmative defenses and counter claims, including that the sales contract has merged into their deed filed February 18, 2005 without incorporation of the provision on chicken litter such that the provision can not run with the land; impossibility of performance due to Stoll's violations of concentrate feeding operations statutory provisions; unconscionability of the contract; fraud due to Stoll's failure to provide cost information despite their limited language skills; trespass; and damages for harm to a shed caused by Stoll's heavy equipment. Praesent varius sit amet erat hendrerit placerat. They claim this demonstrates how unreasonably favorable to one party the chicken litter provisions are and how those provisions are "the personification of the kind of inequality and oppression that courts have found is the hallmark of unconscionability.". Stoll testified he believed his land was worth $2,000 per acre rather than the $1,200 per acre price of nearby land in 2004 due to the work he had done to clear and level it. Mark D. Antinoro, Taylor, Burrage Law Firm, Claremore, OK, for Defendants/Appellees. right or left of "armed robbery. 7 After the first growing cycle, Buyers de-caked their chicken houses at a cost of $900. Her deposition testimony was taken using Yer Lee, a defendant in companion Case No. search results: Unidirectional search, left to right: in Stoll valued the litter at about two hundred sixteen thousand dollars. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. We just asked him to help us [sic] half of what the de-cake cost is, and he said no. Mauris finibus odio eu maximus interdum. He was unsure what damages he would sustain from not having the litter but had told people he would "have litter for sale, now it's not available."
stoll v xiong
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stoll v xiong