318, 322 (N.D.Okla. 2 The three-page Agreement to Sell Real Estate appears to be missing a page. Discuss the court decision in this case. Would you have reached the . 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. Did the court act appropriately in your opinion? Prior to coming to the United States, Xiong, who is from Laos, became a refugee due to the Vietnam War. BLAW 1 Cases Flashcards | Quizlet Xiong, who is from Laos, became a refugee due to the Vietnam War. 2 When addressing a claim that summary adjudication was inappropriate, we must examine the pleadings, depositions, affidavits and other evidentiary materials submitted by the parties and affirm if there is no genuine issue as to any material fact and the movant is entitled to judgment as a matter of law. 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.8. 1976 OK 33, 23, 548 P.2d at 1020. 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.". 17 "The question of unconscionability is one of law for the Court to decide." Like in Fickel, the actual price is so gross as to shock the conscience. OFFICE HOURS: By appointment only and before/after class (limited). The parties here provided evidence relating to their transaction. Prior to coming to the United States, Xiong, who is from Laos, became a refugee due to the Vietnam War. 269501. 107,879, as an interpreter. 1. If this transaction closes as anticipated, Buyers shall be obligated to construct a poultry litter shed on the property with a concrete floor measuring at least 43 feet by 80 feet. APPEAL FROM THE DISTRICT COURT OF DELAWARE COUNTY, OKLAHOMA. They request reformation of the contract or a finding the contract is invalid. 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. 2001 2-302[ 12A-2-302], has addressed uneonscionability in the context of the sale of goods under the Uniform Commercial Code. The Court went on to note: The equitable concept of unconscionability is meaningful only within the context of otherwise defined factors of onerous inequality, deception and oppression. C. HETHERINGTON, JR., Judge. 39 N.E. Stoll v. Xiong Ross By and Through Ross v. City of Shawnee, 1984 OK 43, 683 P.2d 535. Toker v. Westerman . Supreme Court of Michigan. The first paragraph on the next page is numbered 10, and paragraph numbering is consecutive through the third page, which contains the parties' signatures. STOLL v. CHONG LOR XIONG | 241 P.3d 301 (2010) - Leagle Stoll asked the court to order specific performance on the litter provision of the contract. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. Void for Unconscionability Legal Meaning & Law Definition - Quimbee Subscribers can access the reported version of this case. Yang testified: I don't know if he's supposed to get the chicken litter free or not. Xiong testified at deposition that they raised five flocks per year in their six houses. 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. Page one ends with numbered paragraph 7 and the text appears to be in mid-sentence. App. 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. After arriving in the United States, he attended an adult school for two years in St. Paul, Minnesota, where he learned to speak English and learned the alphabet. He testified that one house de-caking of a house like those of Buyers yields about 20 tons of litter. Rationale? Ut ultricies suscipit justo in bibendum. Uneonscionability is directly related to fraud and deceit. 1999) Howe v. Palmer 956 N.E.2d 249 (2011) United States Life Insurance Company v. Wilson 18 A.3d 110 (2011) Wucherpfennig v. Dooley 351 N.W.2d 443 (1984) Lamps Plus, Inc. v. Varela As is recognized in Restatement (Second) of Contracts, 208, Comment a, (1981): Uniform Commercial Code 2-302 is literally inapplicable to contracts not involving the sale of goods, but it has proven very influential in non-sales cases. 17 "The question of unconscionability is one of law for the Court to decide." Court of appeals finds Stoll's 30 year clause unconscionable. Ross By and Through Ross v. City of Shawnee, 1984 OK 43, 683 P.2d 535. 19 An analogy exists regarding the cancellation of deeds. 35- Apply (in your own words) the three required elements of unconscionability to the facts of the case Stoll v. Xiong. A few years before this contract, other property in the area sold for one thousand two hundred dollars an acre. Ronald STOLL, Plaintiff/Appellant,v.CHONG LOR XIONG and Mee Yang, Defendants/Appellees. All inferences and conclusions to be drawn from the evidentiary materials must be viewed in a light most favorable to Plaintiff. Similar motions were filed in companion Case No. Like in Fickel, the actual price is so gross as to shock the conscience. (2012) Distinctive Effects of T Cell Subsets in Neuronal Injury Induced by Cocultured Splenocytes In Vitro and by In Vivo Stroke in Mice. INSTRUCTOR: Virginia Goodrich, Esq. Mauris finibus odio eu maximus interdum. September 17, 2010. 1. That judgment is AFFIRMED. 18 According to Stoll's deposition testimony in the companion case, which testimony is provided to support his motion for summary judgment in this case, it was his idea to include the chicken litter paragraph in the land purchase contract. Sign up for our free summaries and get the latest delivered directly to you. Carmichael v. Beller, 1996 OK 48, 2, 914 P.2d 1051, 1053. 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. Under such circumstances, there is no assent to terms. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. No. Defendant testified that plaintiff told her that they had to understand that they had signed over the litter to him. Unconscionability is directly related to fraud and deceit. 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. The buyers sold the litter to third parties. 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. Melody Boeckman, No. 7. That judgment is AFFIRMED. Expert Answer 1st step All steps Answer only Step 1/2 Unconscionable contracts are those that are so o. 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. The Oklahoma Legislature, at 12A O.S.2001 2-302,9 has addressed unconscionability in the context of the sale of goods under the Uniform Commercial Code. Unconscionability is directly related to fraud and deceit. Page one ends with numbered paragraph 7 and the text appears to be in mid-sentence. The opposing motions for summary judgment in this case and those filed in companion Case No. near:5 gun, "gun" occurs to either to breached a term in the contact and requested the term's enforcement.252 The contract, drafted by Stoll, included a term . 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. 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. An order granting summary relief, in whole or in part, disposes solely of law questions and hence is reviewable by a de novo standard. whether one party is entitled to judgment as a matter of law because there are no material disputed factual questions." search results: Unidirectional search, left to right: in CIV-17-231-D, GlobalRock Networks, Inc. v. MCI Commc'ns Servs., Inc., 1:09-CV-1284 (MAD/RFT), In re The MARRIAGE OF BOECKMAN. We just asked him to help us [sic] half of what the de-cake cost is, and he said no. Court of Civil Appeals of Oklahoma. 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. Facts. 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. 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. We agree such an analogy is helpful with this analysis. For thirty years, the estimated value of the de-caked chicken litter using Stoll's $12 value would be $216,000, or roughly an additional $3,325.12 more per acre just from de-caked chicken litter sales than the $2,000 per acre purchase price stated on the first page of the contract. Western District of Oklahoma Loffland Brothers Company v. Over-street, 1988 OK 60, 15, 758 P.2d 813, 817. Citation is not available at this time. Yang is a Hmong immigrant from Laos.1 She received no education in Laos and her subsequent education consists of a six month "adult school" program after her arrival in 1985 in the United States at age 19. make, on the one hand, and which no fair and honest man would accept on the other." 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. PDF Syllabus Southern California Institute of Law Course: Contracts Ii Loffland Bros. Co. v. Overstreet, 758 P.2d 813 - Casetext An order granting summary relief, in whole or in part, disposes solely of law questions and hence is reviewable by a de novo standard. 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. Xiong had three years of school in Laos and learned to read and write Laotian. 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 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. Stoll filed a breach-of-contract claim against the buyers. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 7 After the first growing cycle, Buyers de-caked3 their chicken houses at a cost of $900. The court held that the clause at issue provided that the plaintiff seller was entitled to all the chicken litter from the defendants poultry houses on the subject property for 30 years and that the defendants were to construct a poultry litter shed on the property to store the litter. 1 Her deposition testimony was taken using Yer Lee, a defendant in companion Case No. He alleged Buyers. Yang testified: I don't know if he's supposed to get the chicken litter free or not. UCC 2-302 Legal Meaning & Law Definition: Free Law Dictionary Yang is a Hmong immigrant from Laos. Stoll v. Xiong 241 P.3d 301 (2010) Figgie International, Inc. v. Destileria Serralles, Inc. 190 F.3d 252 (4th Cir. She is a defendant in the companion case, in which she testified she did not think he would take the chicken litter "for free." 107, 879, as an interpreter. 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. Stoll contracted to sell the Xiongs a 60-acre parcel of land in Oklahoma for $130,000 ($2,000 per acre plus $10,000 for a road). 3 On review of summary judgments, the appellate court may, substitute its analysis of the record for the trial court's analysis. 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. Stoll v. Chong Lor Xiong, 241 P.3d 301 (Okla. Civ. After arriving in the United States, he attended an adult school for two years in St. Paul, Minnesota, where he learned to speak English and learned the alphabet. 1. 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. 14 Stoll argues the trial court erred in finding the chicken litter clause was unconscionable as a matter of law, "by considering the fairness of the contract," and by considering "anything other than fraud, duress, undue influence, mistake, or illegality of the contract." . Ut ultricies suscipit justo in bibendum. Docket No. An order granting summary relief, in whole or in part, disposes solely of law questions and hence is reviewable by a de novo standard. BLAW Ch 12 Flashcards | Quizlet 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. We agree. She is a defendant in the companion case, in which she testified she did not think he would take the chicken litter "for free." 1980), accord, 12A O.S. The first paragraph on the next page is numbered 10, and paragraph numbering is consecutive through the third page, which contains the parties' signatures. Try it free for 7 days! Under such circumstances, there is no assent to terms. Please check back later. 4. The Xiong's purchased land for 130,000. 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, 2009.4 His suit against Buyers was filed the next day. to the other party.Id. View the full answer Step 2/2 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. He lived in a refugee camp in Thailand for three years. 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. 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. They request reformation of the contract or a finding the contract is invalid. We just asked him to help us [sic] half of what the de-cake cost is, and he said no. 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. . 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. FACTS 4 Xiong and Yang are husband and wife. Her deposition testimony to that effect was included as an exhibit to Stoll's response to Buyers' motion for summary judgment. Her subsequent education consists of a six-month adult school program after her arrival in the United States. The couple buys real estate for 130,000. 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. 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. The agreement also describes the property as a parcel which is adjacent to the farm recently purchased by Shong Lee and Yer Xiong Lee, i.e., Xiong's sister and brother-in-law, who are the defendants in the companion case. Yes. 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. The Oklahoma Legislature, at 12A O.S. 1 Ronald Stoll appeals a judgment finding a clause in his contract with Chong Lor Xiong and Mee Yang (collectively, Buyers) unconscionable. Mark D. Antinoro, Taylor, Burrage Law Firm, Claremore, OK, for Defendants/Appellees. Couple neglects to provide the chicken litter and neglects to play out the long term arrangement expressed in the agreement. The purchase price is described as "One Hundred Twenty Thousand Dollars ($130,000) [sic]. that we had to understand that we had signed over the litter to him., when or what paperwork that we had signed with him giving him the rights to the litters.. Business Management Business Law BUL 2241 Answer & Explanation Solved by verified expert Answered by thomaskyalo80 9. 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. The question of unconscionability is one of law for the Court to decide. Stoll v. Chong Lor Xiong. She testified Stoll told her that we had to understand that we had signed over the litter to him. She did not then understand when or what paperwork that we had signed with him giving him the rights to the litters.. 107,879, and hearing was held on the motions in both cases on November 4, 2009. Cases and Materials on Contracts - Quimbee The buyers relied on a relative to interpret for them. Private DEMYSTIFYING PUBLISHING CONTRACTS 6 Key Clauses Found in Commercial Contracts Eddie L. Carr, Christopher D. Wolek, Oliver L. Smith, Gibbs Armstrong Borochoff Mullican & Hart, P.C., Tulsa, OK, for Plaintiff/Appellant. When they came to the United States, Xiong and his wife signed a contract real estate from Stoll in Oklahoma. UNITED STATES v. XIONG (2001) | FindLaw 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. ACCEPT. Prior to coming to the United States, Xiong, who is from Laos, became a refugee due to the Vietnam War. Super Glue Corp. v. Avis Rent A Car System, Inc. Get full access FREE With a 7-Day free trial membership Here's why 618,000 law students have relied on our key terms: A complete online legal dictionary of law terms and legal definitions; Western District of Oklahoma. 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." 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. Under the contract, the buyers paid Stoll two thousand dollars per acre and an additional ten thousand dollars for construction of an access road. Stoll v. Xiong UNCONSCIONABLE CONTRACTS Chong Lor Xiong and his wife Mee Yang are purchasing property in US. 6 On January 1, 2005, Buyers contracted to purchase from Stoll as Seller "a sixty (60) acre parcel of real 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." Buyers shall place the litter from their poultry houses in the litter shed at the end of the growing cycle. 1:09CV1284 (MAD/RFT). 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. For thirty years, the estimated value of the de-caked chicken litter using Stoll's $12 value would be $216,000, or roughly an additional $3,325.12 more per acre just from de-caked chicken litter sales than the $2,000 per acre purchase price stated on the first page of the contract. Quimbee has over 16,300 case briefs (and counting) keyed to 223 casebooks. 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. The actual price Buyers will pay under the paragraph Stoll included in the land sale contract is so gross as to shock the conscience. This site is protected by reCAPTCHA and the Google, Oklahoma Court of Civil Appeals Decisions. Her deposition testimony to that effect was included as an exhibit to Stoll's response to Buyers' motion for summary judgment. Stoll appealed to the Oklahoma Court of Civil Appeals. 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. 2. The equitable concept of unconscionability is meaningful only within the context of otherwise defined factors of onerous inequality, deception and oppression. 2 When addressing a claim that summary adjudication was inappropriate, we must examine the pleadings, depositions, affidavits and other evidentiary materials submitted by the parties and affirm if there is no genuine issue as to any material fact and the movant is entitled to judgment as a matter of law. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. Perry v. Green, 1970 OK 70, 468 P.2d 483. What was the outcome? 1976 OK 33, 23, 548 P.2d at 1020. PDF Bicar Course Selected Court Cases - Ncrec 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. But do courts enforce terribly unfair contracts? The actual price Buyers will pay under the paragraph Stoll included in the land sale contract is so gross as to shock the conscience.". 4 Xiong and Yang are husband and wife. He contends the contract was valid and enforceable. Xiong testified at deposition that they raised five flocks per year in their six houses. Subscribers are able to see a list of all the cited cases and legislation of a document. Plaintiff appealed. 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.
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