Gu L, Xiong X, Zhang H, et al. People v. SILLIVAN, Michigan Supreme Court, State Courts - Court Case 1976 OK 33, 23, 548 P.2d at 1020. 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. For thirty years, the estimated value of the de-caked chicken litter using Stoll's $12 value would be $216,000. Afterwards, the bedding shavings are replenished for the next flock to a level set by Simmons' contract. Farmers used litter to fertilize their crops. 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. at 1020. 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. to the other party.Id. Ronald STOLL, Plaintiff/Appellant, v. CHONG LOR XIONG and Mee Yang, Defendants/Appellees. He claims the trial court should have recognized "the validity of the contract at issue" and granted him judgment as a matter of law. 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. 17 "The question of unconscionability is one of law for the Court to decide." 1. 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. Globalrock Networks, Inc. v. MCI Communications Services, Inc. 7 After the first growing cycle, Buyers de-caked 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. APPEAL FROM THE DISTRICT COURT OF DELAWARE COUNTY, OKLAHOMA We agree. View Case Cited Cases Citing Case Cited Cases . 7 After the first growing cycle, Buyers de-caked3 their chicken houses at a cost of $900. Like in Fickel, the actual price is so gross as to shock the conscience. 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. 7. The UCC Book to read! Prior to coming to the United States, Xiong, who is from Laos, became a refugee due to the Vietnam War. 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. That judgment is AFFIRMED. Stoll v. Chong Lor Xiong, 2010 OK CIV APP 110, 16. 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. She testified Stoll told her "that we had to understand that we had signed over the litter to him." 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. Xiong, who is from Laos, became a refugee due to the Vietnam War. Contracts or Property IRAC Case Brief - SweetStudy 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. 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. Discuss the court decision in this case. CONTACT INFO: 805-758-8202; Email vgtradelaw@aol.com They request reformation of the contract or a finding the contract is invalid. Under the contract, the buyers paid Stoll two thousand dollars per acre and an additional ten thousand dollars for construction of an access road. 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. You already receive all suggested Justia Opinion Summary Newsletters. 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. 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. 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. A few years before this contract, other property in the area sold for one thousand two hundred dollars an acre. 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 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. Yang is a Hmong immigrant from Laos. 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 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.. 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. Like in Fickel, the actual price is so gross as to shock the conscience. STOLL v. XIONG :: 2010 :: Oklahoma Court of Civil Appeals Decisions Stoll asked the court to order specific performance on the litter provision of the contract. Farnsworth & Sanger 9th - Casebriefs Toker v. Westerman . He contends the contract was valid and enforceable. 10th Circuit. 1:09CV1284 (MAD/RFT). 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." He claims the trial court should have recognized "the validity of the contract at issue" and granted him judgment as a matter of law. Prior to coming to the United States, defendant Xiong, who was from Laos, became a refugee due to the Vietnam War. 1. 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. 318, 322 (N.D.Okla. Quimbee has over 16,300 case briefs (and counting) keyed to 223 casebooks. make, on the one hand, and which no fair and honest man would accept on the other." He testified he understands some spoken English but can only read a "couple" written words. 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. Chicken litter referred to the leftover bedding and chicken manure. View the full answer Step 2/2 Court of Civil Appeals of Oklahoma,Division No. Stoll v. Xiong Case Brief Summary | Law Case Explained - YouTube Get more case briefs explained with Quimbee. Neither Xiong nor Yang could read more than a couple of words. 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. Stoll v. Xiong | Court of Civil Appeals of Oklahoma | 09-17-2010 | www Stoll v. Xiong Mr and Mrs. Xiong are foreigners with restricted English capacities. 7 After the first growing cycle, Buyers de-caked3 their chicken houses at a cost of $900. His access to chicken litter was denied in that case in late 2008. Prior to coming to the United States, Xiong, who is from Laos, became a refugee due to the Vietnam War. The actual price Buyers will pay under the paragraph Stoll included in the land sale contract is so gross as to shock the conscience. He testified he understands some spoken English but can only read a "couple" written words. 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. Mauris finibus odio eu maximus interdum. She did not then understand "when or what paperwork that we had signed with him giving him the rights to the litters.". Submit your questions and get answers from a real attorney here: https://www.quimbee.com/cases/stoll-v-xiongDid we just become best friends? Under such circumstances, there is no assent to terms. Supreme Court of Michigan. No. 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. Cases and Materials on Contracts - 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. The first paragraph on the next page is numbered 10, and paragraph numbering is consecutive through the third page, which contains the parties' signatures. The trial court found the chicken litter clause was unconscionable as a matter of law. 107,879, as an interpreter. Stoll v. Chong Lor Xiong , 241 P.3d 301 ( 2010 Explain unconscionable contracts and the legal principle behind it. (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. The purchase price is described as One Hundred Twenty Thousand Dollars ($130,000) [sic]. whether one party is entitled to judgment as a matter of law because there are no material disputed factual questions." September 17, 2010. Advanced A.I. 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. Bmiller Final Study Guide.docx - MWSU 2019 BUSINESS LAW 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. 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. 19 An analogy exists regarding the cancellation of deeds. In 2005, defendants contractedto purchase from plaintiff Ronald Stoll as Seller, a sixty-acre parcel of real estate. Carmichael v. Beller, 1996 OK 48, 2, 914 P.2d 1051, 1053. breached a term in the contact and requested the term's enforcement.252 The contract, drafted by Stoll, included a term . Nantz v. Nantz, 1988 OK 9, 10, 749 P.2d 1137, 1140. . 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 order granting summary relief, in whole or in part, disposes solely of law questions and hence is reviewable by a de novo standard. Stoll v. Chong Lor Xiong , 241 P.3d 301 ( 2010 Explain Page one ends with numbered paragraph 7 and the text appears to be in mid-sentence. (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. 9. The court affirmed the district courts judgment. BLAW Ch 12 Flashcards | Quizlet Mark D. Antinoro, TAYLOR, BURRAGE LAW FIRM, Claremore, Oklahoma, for Defendants/Appellees. The purchase price is described as "One Hundred Twenty Thousand Dollars ($130,000) [sic]. Loffland Brothers Company v. Over-street, 1988 OK 60, 15, 758 P.2d 813, 817. 17 "The question of unconscionability is one of law for the Court to decide." 3 The de-caking process involves removal of some of the upper layer of bedding used by a flock. 107, 879, as an interpreter. Make your practice more effective and efficient with Casetexts legal research suite. 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. 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. 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 Court went on to note: 17 "The question of uneonscionability is one of law for the Court to decide." (2012) Distinctive Effects of T Cell Subsets in Neuronal Injury Induced by Cocultured Splenocytes In Vitro and by In Vivo Stroke in Mice. 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. Under such circumstances, there is no assent to terms. 3 On review of summary judgments, the appellate court may, substitute its analysis of the record for the trial court's analysis. 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 first paragraph on the next page is numbered 10, and paragraph numbering is consecutive through the third page, which contains the parties' signatures. We agree such an analogy is helpful with this analysis. Subscribers are able to see a visualisation of a case and its relationships to other cases. 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. 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. The opposing motions for summary judgment in this case and those filed in companion Case No. No. That judgment is AFFIRMED. 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. Yang testified: The de-caking process involves removal of some of the upper layer of bedding used by a flock. BLAW 235 Exam 2 Case Studies From Notes Flashcards | Quizlet The purchase price is described as "One Hundred Twenty Thousand Dollars ($130,000) [sic]. armed robbery w/5 gun, "gun" occurs to Nearby land had sold for $1,200 per acre. right of "armed robbery. Did the court act appropriately in your opinion? They request reformation of the contract or a finding the contract is invalid. 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. They request reformation of the contract or a finding the contract is invalid. Stoll v. Chong Lor Xiong. 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. The actual price Buyers will pay under the paragraph Stoll included in the land sale contract is so gross as to shock the conscience. 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. 4 Xiong and Yang are husband and wife. 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. Seller shall empty the litter shed completely between growing cycles so that the shed will be available for use by Buyers when needed. Sign up for our free summaries and get the latest delivered directly to you. 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." 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. 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. Perry v. Green, 1970 OK 70, 468 P.2d 483. What was the outcome? 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. 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." Expert Answer 1st step All steps Answer only Step 1/2 Unconscionable contracts are those that are so o. Xiong had three years of school in Laos and learned to read and write Laotian. The three-page Agreement to Sell Real Estate appears to be missing a page. "The question of unconscionability is one of law for the Court to decide." 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. 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. 1. 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." 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." He claims the trial court should have recognized "the validity of the contract at issue" and granted him judgment as a matter of law. 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 where he learned to speak English and learned the alphabet. 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." Seller shall have all rights to the litter for a period of 306 years for [sic] the date of closing. He testified that one house de-caking of a house like those of Buyers yields about 20 tons of litter. 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. to the other party.Id. Yang, who were husband and wife.251 Stoll argued that they had . 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.
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