Unconscionability is directly related to fraud and deceit. Facts. 5. Appeal From The District Court Of Delaware County, Oklahoma; Honorable Robert G. Haney, Trial Judge. Opinion by Wm. Yang testified: I don't know if he's supposed to get the chicken litter free or not. That judgment is AFFIRMED. He lived in a refugee camp in Thailand for three years. 19 An analogy exists regarding the cancellation of deeds. 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. 107, 879, as an interpreter. ", Bidirectional search: in armed robbery Brown v. Nicholson, 1997 OK 32, 5, 935 P.2d 319, 321. 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. https://www.quimbee.com/case-briefs-overview Have Questions about this Case? Lastly, the court ruled that the consideration actually to be paid under the contract far exceeded that stated. Please check back later. Yes. "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." Page one ends with numbered paragraph 7 and the text appears to be in mid-sentence. The equitable concept of unconscionability is meaningful only within the context of otherwise defined factors of onerous inequality, deception and oppression. Integer semper venenatis felis lacinia malesuada. 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 . 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. Stoll v. Xiong (Unconscionable contracts) Mr. and Mrs. Xiong are Laotian refugees with limited English abilities. Yang is a Hmong immigrant from Laos. He lived in a refugee camp in Thailand for three years. In posuere eget ante id facilisis. She did not then understand "when or what paperwork that we had signed with him giving him the rights to the litters.". 318, 322 (N.D.Okla. You already receive all suggested Justia Opinion Summary Newsletters. 1 Ronald Stoll appeals a judgment finding a clause in his contract with Chong Lor Xiong and Mee Yang (collectively, Buyers) unconscionable. Seller shall empty the litter shed completely between growing cycles so that the shed will be available for use by Buyers when needed. 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. You're all set! The UCC Book to read! The court affirmed the district courts judgment. (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. Discuss the court decision in this case. Private DEMYSTIFYING PUBLISHING CONTRACTS 6 Key Clauses Found in Commercial Contracts 7 Support alimony becomes a vested right as each payment becomes due. Loffland Brothers Company v. Overstreet, 1988 OK 60, 15, 758 P.2d 813, 817. Defendant testified that plaintiff told her that they had to understand that they had signed over the litter to him. He testified he understands some spoken English but can only read a "couple" written words. Hetherington, Judge. 8. Xiongs wife Mee Yang needed an English interpreter to communicate. 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." Her deposition testimony to that effect was included as an exhibit to Stoll's response to Buyers' motion for summary judgment. 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. Afterwards, the bedding shavings are replenished for the next flock to a level set by Simmons' contract. Xiong had three years of school in Laos and learned to read and write Laotian. You also get a useful overview of how the case was received. Stoll planned to sell or trade the litter. GLOBAL LAW Contract Law in China " The movement of the progressive societies has hitherto been a movement from status to contract." Sir Henry Maine Ancient Law, Chapter 5 (1861) Introduction to Formation and Requirements of Contracts CONTACT INFO: 805-758-8202; Email vgtradelaw@aol.com 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. 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." And to be real honest with you, I can't think of one. 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. 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. Defendant Yang was a Hmong immigrant from Laos, and received no education. 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. The number is hand-written in this agreement and typed in the paragraph in the companion case, but both contain the same text. The court concluded that, effectively, plaintiff either made himself a partner in the defendants business for no consideration or he would receive almost double to much more than double the purchase price for his land over thirty years. The parties here provided evidence relating to their transaction. breached a term in the contact and requested the term's enforcement.252 The contract, drafted by Stoll, included a term . 1. 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. whether one party is entitled to judgment as a matter of law because there are no material disputed factual questions." STOLL v. XIONG2010 OK CIV APP 110Case Number: 107880Decided: 09/17/2010Mandate Issued: 10/14/2010DIVISION ITHE COURT OF CIVIL APPEALS OF THE STATE OF OKLAHOMA, DIVISION I. RONALD STOLL, Plaintiff/Appellant,
ACCEPT. . 4 Xiong and Yang are husband and wife. 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. VLEX uses login cookies to provide you with a better browsing experience. United States District Courts. 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. Prior to coming to the United States, Xiong, who is from Laos, became a refugee due to the Vietnam War. 10th Circuit. Set out the facts of the Stoll v. Xiong case. Opinion by WM. Court of appeals finds Stoll's 30 year clause unconscionable. Yang didnt understand that signing the contract meant Stoll received the right to the 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. They request reformation of the contract or a finding the contract is invalid. 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. Globalrock Networks, Inc. v. MCI Commc'ns Servs., Inc., No. C. HETHERINGTON, JR., Judge. 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. "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. C. HETHERINGTON, JR., Judge. The parties here provided evidence relating to their transaction. Stoll valued the litter at about two hundred sixteen thousand dollars. 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. 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. Xiong and his wife were immigrants from Laos. 7 After the first growing cycle, Buyers de-caked3 their chicken houses at a cost of $900. 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. ", (bike or scooter) w/3 (injury or INSTRUCTOR: Virginia Goodrich, Esq. 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.. Stoll v. Xiong Download PDF Check Treatment Red flags, copy-with-cite, case summaries, annotated statutes and more. 106, United States State Court of Criminal Appeals of Oklahoma. 2. 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. "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." Xiong testified at deposition that they raised five flocks per year in their six houses. Xiong, who is from Laos, became a refugee due to the Vietnam War. All inferences and conclusions to be drawn from the evidentiary materials must be viewed in a light most favorable to Plaintiff. 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. The opposing motions for summary judgment in this case and those filed in companion Case No. 9. OFFICE HOURS: By appointment only and before/after class (limited). He contends the contract was valid and enforceable. 6 On January 1, 2005, Buyers contracted, (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.. 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. All inferences and conclusions to be drawn from the evidentiary materials must be viewed in a light most favorable to Plaintiff. We agree such an analogy is helpful with this analysis. armed robbery w/5 gun, "gun" occurs to "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. 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 claimed his work to level and clear the land justified the higher price.This contract also entitled Stoll to the chicken litter generated on the farm for the next thirty years. 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. However, at her own deposition, Ms. Lee was herself assisted by an interpreter. CIV-17-231-D United States United States District Courts. Seller shall empty the litter shed completely between growing cycles so that the shed will be available for use by Buyers when needed. 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. Ross By and Through Ross v. City of Shawnee, 1984 OK 43, 683 P.2d 535. Yang testified: I don't know if he's supposed to get the chicken litter free or not. 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."). Expert Answer 1st step All steps Answer only Step 1/2 Unconscionable contracts are those that are so o. The trial court found the chicken litter clause was unconscionable as a matter of law. 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 . 1. 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. An order granting summary relief, in whole or in part, disposes solely of law questions and hence is reviewable by a de novo standard.
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