Carmichael v. Beller, 1996 OK 48, 2, 914 P.2d 1051, 1053. In 2005, defendants contractedto purchase from plaintiff Ronald Stoll as Seller, a sixty-acre parcel of real estate. 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. 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. She did not then understand "when or what paperwork that we had signed with him giving him the rights to the litters.". Seller shall empty the litter shed completely between growing cycles so that the shed will be available for use by Buyers when needed. We just asked him to help us [sic] half of what the de-cake cost is, and he said no. People v. SILLIVAN, Michigan Supreme Court, State Courts, COURT CASE . 1. Under such circumstances, there is no assent to terms. She is a defendant in the companion case, in which she testified she did not think he would take the chicken litter "for free." 1:09CV1284 (MAD/RFT). 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. After arriving in the United States, he attended an adult school for two years where he learned to speak English and learned the alphabet. 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. Ronald STOLL, Plaintiff/Appellant, v. CHONG LOR XIONG and Mee Yang, Defendants/Appellees. PDF Bicar Course Selected Court Cases - Ncrec 6 On January 1, 2005, Buyers contracted 2 to purchase from Stoll as Seller a sixty. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 10th Circuit. 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.". The three-page Agreement to Sell Real Estate appears to be missing a page. Want more details on this case? Globalrock Networks, Inc. v. MCI Communications Services, Inc. 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. 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. Mark D. Antinoro, Taylor, Burrage Law Firm, Claremore, OK, for Defendants/Appellees. He testified that one house de-caking of a house like those of Buyers yields about 20 tons of litter. She testified Stoll told her "that we had to understand that we had signed over the litter to him." At hearing on the motions for summary judgment, Stoll argued the contract was not unconscionable and it was simply a matter of buyer's remorse. 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. 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. He testified he understands some spoken English but can only read a "couple" written words. Set out the facts of the Stoll v. Xiong case. 7 After the first growing cycle, Buyers de-caked3 their chicken houses at a cost of $900. ACCEPT. Unconscionability is directly related to fraud and deceit. 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. He lived in a refugee camp in Thailand for three years. Chong Lor Xiong and Mee Yang are husband and wife. Prior to coming to the United States, Xiong, who is from Laos, became a refugee due to the Vietnam War. 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. All inferences and conclusions to be drawn from the evidentiary materials must be viewed in a light most favorable to Plaintiff. 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 first paragraph on the next page is numbered 10, and paragraph numbering is consecutive through the third page, which contains the parties' signatures. 1 Ronald Stoll appeals a judgment finding a clause in his contract with Chong Lor Xiong and Mee Yang (collectively, Buyers) unconscionable. CIV-17-231-D United States United States District Courts. 107,879, and hearing was held on the motions in both cases on November 4, 2009. STOLL v. CHONG LOR XIONG | 241 P.3d 301 (2010) - Leagle Defendant testified that plaintiff told her that they had to understand that they had signed over the litter to him. No. Chicken litter referred to the leftover bedding and chicken manure. Stoll v. Xiong 241 P.3d 301 (2010) Court of Civil Appeals of ask 7 She did not then understand "when or what paperwork that we had signed with him giving him the rights to the litters.". Stoll asked the court to order specific performance on the litter provision of the contract. Legalines On Contracts 6th Keyed To Knapp - SAFS & EFFS 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. Subscribers are able to see a list of all the documents that have cited the case. 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. Unit 2 case summaries.pdf - Ramirez 1 Joseph Ramirez Mr. 17 "The question of unconscionability is one of law for the Court to decide." Stoll appealed to the Oklahoma Court of Civil Appeals. PDF Syllabus Southern California Institute of Law Course: Contracts Ii Toker v. Westerman . Yang testified at deposition that according to Stoll's representations, the litter could be worth $25 per ton. Plaintiff appealed. Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the worlds leading publishers. Stoll v. Xiong Download PDF Check Treatment Red flags, copy-with-cite, case summaries, annotated statutes and more. 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. Afterwards, the bedding shavings are replenished for the next flock to a level set by Simmons' contract. 10th Circuit. Midfirst Bank v. Safeguard Props., LLC, Case No. 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. 19 An analogy exists regarding the cancellation of deeds. She did not then understand "when or what paperwork that we had signed with him giving him the rights to the litters.". Integer semper venenatis felis lacinia malesuada. Praesent varius sit amet erat hendrerit placerat. INSTRUCTOR: Virginia Goodrich, Esq. Ross By and Through Ross v. City of Shawnee, 1984 OK 43, 683 P.2d 535. Unconscionability is directly related to fraud and deceit. Doccol - -SCI 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,, 7 After the first growing cycle, Buyers de-caked. 12 The paragraph at the center of this dispute reads: 10. to the other party.Id. Xiong had three years of school in Laos and learned to read and write Laotian. business law-chapter 5 Flashcards | Quizlet Brown v. Nicholson, 1997 OK 32, 5, 935 P.2d 319, 321. Brown v. Nicholson, 1997 OK 32, 5, 935 P.2d 319, 321. Under Stoll's interpretation of paragraph 10, Buyers' separate business would generate an asset for thirty years for which they receive no consideration and would serve as additional payment to him over and above the stated price for the land. Supreme Court of Michigan. 4. 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. 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. 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. pronounced. Citation is not available at this time. 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 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. Perry v. Green, 1970 OK 70, 468 P.2d 483. Solved Stoll v. Chong Lor Xiong , 241 P.3d 301 ( 2010 | Chegg.com 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 the same size as Buyers' houses took one semi load of shavings at a cost of $1,600 per load. 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. Xiong testified at deposition that they raised five flocks per year in their six houses. Under the contract, the buyers paid Stoll two thousand dollars per acre and an additional ten thousand dollars for construction of an access road. Occurs where one or both of the parties to a contract have an erroneous belief about a material (important, fundamental) aspect of the contract - such as its subject matter, value, or some other aspect of the contract Mistakes may be either unilateral or mutual Click the card to flip Flashcards Learn Test Match Created by carbrooks64 Court of Civil Appeals of Oklahoma. Court of Civil Appeals of Oklahoma,Division No. 107880. Would you have reached the . He alleged Buyers had a prior version of their agreement5 which contained the same paragraph in dispute but did not attempt to have it translated or explained to them and they should not benefit by failing to take such steps or from their failure to read the agreement. 1 Ronald Stoll appeals a judgment finding a clause in his contract with Chong Lor Xiong and Mee Yang (collectively, Buyers) unconscionable. at 1020. Compare with Westlaw Opinion No. We just asked him to help us [sic] half of what the de-cake cost is, and he said no. 3. 19 An analogy exists regarding the cancellation of deeds. Rationale? 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. Mauris finibus odio eu maximus interdum. 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. 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 C. HETHERINGTON, JR., Judge. 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." Best Court Cases (Class + Chapters) Flashcards | Quizlet 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. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. UNITED STATES v. XIONG (2001) | FindLaw "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." Yang testified: I don't know if he's supposed to get the chicken litter free or not. 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. United States District Courts. Evoking Anticipated Guilt: Stoll (2010) - Guilt-Free Markets Get more case briefs explained with Quimbee. 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. Xiongs wife Mee Yang needed an English interpreter to communicate. Couple fails to deliver chicken litter and failing to perform the the 30 year provision stated in the contract. 1 Her deposition testimony was taken using Yer Lee, a defendant in companion Case No. right or left of "armed robbery. Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. Stoll v. Xiong (Unconscionable contracts) Mr. and Mrs. Xiong are Laotian refugees with limited English abilities. 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. 2001 2-302[ 12A-2-302], has addressed uneonscionability in the context of the sale of goods under the Uniform Commercial Code. 13 At hearing, the trial court commented: I've read this and reread this and reread this. Xiong had three years of school in Laos and learned to read and write Laotian. Here, a nearly reverse situation exists in that the consideration actually to be paid under the contract far exceeds that stated. 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; 1. Stoll planned to sell or trade the litter. 7 After the first growing cycle, Buyers de-caked 3 their chicken houses at a cost of $900. Stoll v. Xiong. Powered By www.anylaw.com Stoll v. Xiong 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. 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. VLEX uses login cookies to provide you with a better browsing experience. Don't Miss Important Points of Law with BARBRI Outlines (Login Required). 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. He lived in a refugee camp in Thailand for three years. The actual price Buyers will pay under the paragraph Stoll included in the land sale contract is so gross as to shock the conscience.". 1. 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. He testified he understands some spoken English but can only read a couple written words. 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. 2 The three-page Agreement to Sell Real Estate appears to be missing a page. Stoll v. Chong Lor Xiong | Case Brief for Law School | LexisNexis That judgment is AFFIRMED. 33-The case Turner Broadcasting v. McDavid is one of my favorite cases in the textbook. Subscribers are able to see the revised versions of legislation with amendments. We just asked him to help us [sic] half of what the de-cake cost is, and he said no. 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. As is recognized in Restatement (Second) of Contracts, 208, Comment a, (1981): We agree such an analogy is helpful with this analysis. Under such circumstances, there is no assent to terms. 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." 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. 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. Perry v. Green, 1970 OK 70, 468 P.2d 483. 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. Lastly, the court ruled that the consideration actually to be paid under the contract far exceeded that stated. 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. Ut ultricies suscipit justo in bibendum. 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." Subscribers are able to see any amendments made to the case. Xiong testified at deposition that they raised five flocks per year in their six houses. Xiong had three years of school in Laos and learned to read and write Laotian . 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. Under Stoll's interpretation of paragraph 10 (which was his "idea"), the land sale contract is onerous to one side of the contracting parties while solely benefitting the other, and the parties to be surcharged with the extra expense were, due to language and education, unable to understand the nature of the contract. 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. Released for Publication by Order of the Court of Civil Appeals of Oklahoma,Division No.
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