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. A few years before this contract, other property in the area sold for one thousand two hundred dollars an acre. Integer semper venenatis felis lacinia malesuada. The buyers relied on a relative to interpret for them. Want more details on this case? Prior to coming to the United States, Xiong, who is from Laos, became a refugee due to the Vietnam War. 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. What was the outcome? Stoll v. Xiong. 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. 3. 4 Xiong and Yang are husband and wife. 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. App. He testified that one house de-caking of a house like those of Buyers yields about 20 tons of litter. Ut ultricies suscipit justo in bibendum. 107879, 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. 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." 1 Ronald Stoll appeals a judgment finding a clause in his contract with Chong Lor Xiong and Mee Yang (collectively, Buyers) unconscionable. Stoll v. Xiong 241 P.3d 301 (2010) Figgie International, Inc. v. Destileria Serralles, Inc. 190 F.3d 252 (4th Cir. He testified that one house de-caking of a house like those of Buyers yields about 20 tons of litter. 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. . He lived in a refugee camp in Thailand for three years. And to be real honest with you, I can't think of one. I don't know if he's supposed to get the chicken litter free or not. business law-chapter 5 Flashcards | Quizlet 4 Xiong and Yang are husband and wife. They received little or no education and could. Carmichael v. Beller, 1996 OK 48, 2, 914 P.2d 1051, 1053. 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. 7 Support alimony becomes a vested right as each payment becomes due. He contends the contract was valid and enforceable. 107,880. Unconscionability is directly related to fraud and deceit. Best in class Law School Case Briefs | Facts: Spouses Chong Lor Xiong and Mee Yang (plaintiffs) are both Laotian immigrants. Yang testified at deposition that according to Stoll's representations, the litter could be worth $25 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." 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. 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. However, at her own deposition, Ms. Lee was herself assisted by an interpreter. 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. 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. Similar motions were filed in companion Case No. 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. 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. because the facts are presented in documentary form. Discuss the court decision in this case. He contends the contract was valid and enforceable. That judgment is AFFIRMED. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research. 6. 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. Her deposition testimony was taken using Yer Lee, a defendant in companion Case No. They request reformation of the contract or a finding the contract is invalid. The opposing motions for summary judgment in this case and those filed in companion Case No. He claims the trial court should have recognized "the validity of the contract at issue" and granted him judgment as a matter of law. All inferences and conclusions to be drawn from the evidentiary materials must be viewed in a light most favorable to Plaintiff. An order granting summary relief, in whole or in part, disposes solely of law questions and hence is reviewable by a de novo standard. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. This prior agreement lists the purchase price as $120,000 and there is no provision for a road. Unit 2 case summaries.pdf - Ramirez 1 Joseph Ramirez Mr. Xiong testified at deposition that they raised five flocks per year in their six houses. 1. Seller shall have all rights to the litter for a period of 306 years for [sic] the date of closing. 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. The equitable concept of unconscionability is meaningful only within the context of otherwise defined factors of onerous inequality, deception, and oppression. Opinion by Wm. The first paragraph on the next page is numbered 10, and paragraph numbering is consecutive through the third page, which contains the parties' signatures. 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. And to be real honest with you, I can't think of one. 2010). An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. 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." Hetherington, Judge. STOLL v. CHONG LOR XIONG | Cited Cases - Leagle ", (bike or scooter) w/3 (injury or However, at her own deposition, Ms. Lee was herself assisted by an interpreter. Yang testified at deposition that according to Stoll's representations, the litter could be worth $25 per ton. The number is hand-written in this agreement and typed in the paragraph in the companion case, but both contain the same text. That judgment is AFFIRMED. He lived in a refugee camp in Thailand for three years. Yang is a Hmong immigrant from Laos. Page 1 of 6 SYLLABUS SOUTHERN CALIFORNIA INSTITUTE OF LAW COURSE: CONTRACTS II CREDIT: 3 Units LOCATION: Ventura Campus DATES: Thursday, 6:30-9:30 PM (1/16/2020-4/23/2020); The Final Exam is on 5/7/2020. 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. 39 N.E. For thirty years, the estimated value of the de-caked chicken litter using Stoll's $12 value would be $216,000. 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. 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. All inferences and conclusions to be drawn from the evidentiary materials must be viewed in a light most favorable to Plaintiff. 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 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). 10th Circuit. Stoll v. Xiong Ross By and Through Ross v. City of Shawnee, 1984 OK 43, 683 P.2d 535. whether one party is entitled to judgment as a matter of law because there are no material disputed factual questions." Don't Miss Important Points of Law with BARBRI Outlines (Login Required). (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. Void for Unconscionability Legal Meaning & Law Definition - Quimbee 3 The de-caking process involves removal of some of the upper layer of bedding used by a flock. Ronald STOLL, Plaintiff/Appellant, v. CHONG LOR XIONG and Mee Yang, Defendants/Appellees. Perry v. Green, 1970 OK 70, 468 P.2d 483. Xiong and Yang contracted with Ronald Stoll to purchase sixty acres of land. 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. Loffland Brothers Company v. Overstreet, 1988 OK 60, 15, 758 P.2d 813, 817. 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. Defendant did not then understand when or what paperwork they had signed with him giving him the rights to the litters. Yang testified: I don't know if he's supposed to get the chicken litter free or not. 107880. The purchase price is described as "One Hundred Twenty Thousand Dollars ($130,000) [sic]. 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. 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. Afterwards, the bedding shavings are replenished for the next flock to a level set by Simmons' contract. Quimbee has over 16,300 case briefs (and counting) keyed to 223 casebooks https://www.quimbee.com/case-briefs-overview Stoll v. Xiong | 241 P.3d 301 (2010)From signing a lease to clicking a box when downloading an app, people regularly agree to contracts that may include undesirable or unfair terms. 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. Stoll v. Xiong Download PDF Check Treatment Red flags, copy-with-cite, case summaries, annotated statutes and more. He alleged Buyers. C. HETHERINGTON, JR., Judge. 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. Mauris finibus odio eu maximus interdum. 1. 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. Stoll planned to sell or trade the litter. letters. Please check back later. 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. 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. whether one party is entitled to judgment as a matter of law because there are no material disputed factual questions." Stoll v. Xiong Mr and Mrs. Xiong are foreigners with restricted English capacities. 107, 879, as an interpreter. 8. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. The trial court found the chicken litter clause was unconscionable as a matter of law. Midfirst Bank v. Safeguard Props., LLC, Case No. Xiong testified at deposition that they raised five flocks per year in their six houses. Their poor English leads them to oversee a provision in the contract stating that they are to also deliver to Stoll (seller) for 30 years the litter from chicken houses that the Buyers had on the property so that Stoll can sell the litter. 1 Ronald Stoll appeals a judgment finding a clause in his contract with Chong Lor Xiong and Mee Yang (collectively, Buyers) unconscionable. 1. Subscribers are able to see a list of all the documents that have cited the case. They request reformation of the contract or a finding the contract is invalid. Prior to coming to the United States, Xiong, who is from Laos, became a refugee due to the Vietnam War. He testified that one house de-caking of a house like those of Buyers yields about 20 tons of litter. 13 At hearing, the trial court commented: 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. CONTACT INFO: 805-758-8202; Email vgtradelaw@aol.com 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." ", Bidirectional search: in armed robbery Page one ends with numbered paragraph 7 and the text appears to be in mid-sentence. 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. 3 On review of summary judgments, the appellate court may, substitute its analysis of the record for the trial court's analysis. 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. Barnes v. Helfenbein, 548 P.2d 1014 | Casetext Search + Citator 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 v. Xiong, 241 P.3d 301 (2010) Court of Civil Appeals of Oklahoma Mr. and Mrs. Xiong are is a Laotian refugees with limited English abilities. 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. Farnsworth & Sanger 9th - Casebriefs Stoll v. Xiong (unconscionable contract not enforced) Mance v. Mercedes-Benz USA (arbitration clause in automobile purchase contract enforced) Menendez v. O'Neill (sole shareholder of corporation not liable for corporation's liabilities) In re Estate of Haviland (undue influence on elderly man in preparing estate documents) Yarde Metals . UCC 2-302 Legal Meaning & Law Definition: Free Law Dictionary 12 The paragraph at the center of this dispute reads: 10. 318, 322 (N.D. Okla. 1980), accord, 12A O.S.2001 2-302, Oklahoma Code Comment ("Note that the determination of 'unconscionable' is one of law for the court."). 134961. 1 Ronald Stoll appeals a judgment finding a clause in his contract with Chong Lor Xiong and Mee Yang (collectively, Buyers) unconscionable. 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. 2001 2-302[ 12A-2-302], has addressed uneonscionability in the context of the sale of goods under the Uniform Commercial Code. 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. 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. 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. Yang, who were husband and wife.251 Stoll argued that they had . Stoll included the litter provision in the draft and final contracts. Stoll v. Xiong, 241 P.3d 301 (2010): Case Brief Summary As is recognized in Restatement (Second) of Contracts, 208, Comment a, (1981): We agree such an analogy is helpful with this analysis. The Xiong's purchased land for 130,000. The opposing motions for summary judgment in this case and those filed in companion Case No. 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. Chong Lor Xiong and Mee Yang are husband and wife. CHONG LOR XIONG and MEE YANG, Defendants/Appellees. Xiong had three years of school in Laos and learned to read and write Laotian . People v. SILLIVAN, Michigan Supreme Court, State Courts, COURT CASE The Oklahoma Legislature, at 12A O.S. Afterwards, the bedding shavings are replenished for the next flock to a level set by Simmons contract. She did not then understand "when or what paperwork that we had signed with him giving him the rights to the litters.". 5 This prior agreement lists the purchase price as $120,000 and there is no provision for a road. Perry v. Green, 1970 OK 70, 468 P.2d 483. 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. 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." The parties here provided evidence relating to their transaction. 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. 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." Business Management Business Law BUL 2241 Answer & Explanation Solved by verified expert Answered by thomaskyalo80 It was the plaintiffs idea to include the chicken litter paragraph in the land purchase contract. 1. APPEAL FROM THE DISTRICT COURT OF DELAWARE COUNTY, OKLAHOMA Contemporary Business Law, Global Edition - Henry R - Pearson 2 The three-page Agreement to Sell Real Estate appears to be missing a page. 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. The Xiongs asserted that the agreement was inappropriate. Afterwards, the bedding shavings are replenished for the next flock to a level set by Simmons' contract. Advanced A.I. Seller shall empty the litter shed completely between growing cycles so that the shed will be available for use by Buyers when needed. Defendants Chong Lor Xiong and Mee Yang were husband and wife. "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." Here, a nearly reverse situation exists in that the consideration actually to be paid under the contract far exceeds that stated. The purchase price is described as "One Hundred Twenty Thousand Dollars ($130,000) [sic]. Use this button to switch between dark and light mode. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. Prior to coming to the United States, Xiong, who is from Laos, became a refugee due to the Vietnam War. You already receive all suggested Justia Opinion Summary Newsletters. We just asked him to help us [sic] half of what the de-cake cost is, and he said no. Stoll v. Xiong UNCONSCIONABLE CONTRACTS Chong Lor Xiong and his wife Mee Yang are purchasing property in US. 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. Evoking Anticipated Guilt: Stoll (2010) - Guilt-Free Markets INSTRUCTOR: Virginia Goodrich, Esq. 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. 107,880. The buyers sold the litter to third parties. Stoll included a clause that required giving all the chicken litter to Stoll for free for 30 years. 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. Opinion by WM. . 241 P.3d 301 (2010) Strong v. Sheffield. Fichei v. Webb, 1930 OK 432, 293 P. 206; Morton v. Roberts, 1923 OK 126, 213 P. 297. STOLL v. XIONG | 2010 OK CIV APP 110 - Casemine However, Stoll added a provision in the contract requesting that the buyers deliver the litter of chickens from chicken houses on the property for the next . Xiong had three years of school in Laos and learned to read and write Laotian. 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. 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. Stoll v. Chong Lor Xiong , 241 P.3d 301 ( 2010 ) Explain unconscionable contracts and the legal principle behind it. OFFICE HOURS: By appointment only and before/after class (limited). 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. 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. Best Court Cases (Class + Chapters) Flashcards | Quizlet Unconscionability is directly related to fraud and deceit. He lived in a refugee camp in Thailand for three years. 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. His access to chicken litter was denied in that case in late 2008. Subscribers are able to see the revised versions of legislation with amendments. Neither Xiong nor Yang could read more than a couple of words. 33-The case Turner Broadcasting v. McDavid is one of | Chegg.com
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