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"The question of unconscionability is one of law for the Court to decide." 107, 879, as an interpreter. Subscribers can access the reported version of this case. Loffland Brothers Company v. Overstreet, 1988 OK 60, 15, 758 P.2d 813, 817. Midfirst Bank v. Safeguard Props., LLC, Case No. FACTS 4 Xiong and Yang are husband and wife. 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. You also get a useful overview of how the case was received. Loffland Brothers Company v. Overstreet, 1988 OK 60, 15, 758 P.2d 813, 817. He lived in a refugee camp in Thailand for three years. 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. XIONG 2010 OK CIV APP 110 Case Number: 107880 Decided: 09/17/2010 Mandate Issued: 10/14/2010 DIVISION I THE COURT OF CIVIL APPEALS OF THE STATE OF OKLAHOMA, DIVISION I RONALD STOLL, Plaintiff/Appellant, v. CHONG LOR XIONG and MEE YANG, Defendants/Appellees. 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. Stoll v. Xiong Mr and Mrs. Xiong are foreigners with restricted English capacities. 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 purchase price is described as "One Hundred Twenty Thousand Dollars ($130,000) [sic]. COA No. APPEAL FROM THE DISTRICT COURT OF DELAWARE COUNTY, OKLAHOMA September 17, 2010. 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. INSTRUCTOR: Virginia Goodrich, Esq. Eddie L. Carr, Christopher D. Wolek, Oliver L. Smith, GIBBS ARMSTRONG BOROCHOFF MULLICAN & HART, P.C., Tulsa, Oklahoma, for Plaintiff/Appellant, When they came to the United States, Xiong and his wife signed a contract real estate from Stoll in Oklahoma. 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. Praesent varius sit amet erat hendrerit placerat. right or left of "armed robbery. Stoll v. Xiong UNCONSCIONABLE CONTRACTS Chong Lor Xiong and his wife Mee Yang are purchasing property in US. Stoll v. Xiong | Court of Civil Appeals of Oklahoma | 09-17-2010 | www 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. C. HETHERINGTON, JR., Judge. Opinion by WM. Ut ultricies suscipit justo in bibendum. 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. 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 opposing motions for summary judgment in this case and those filed in companion Case No. Eddie L. Carr, Christopher D. Wolek, Oliver L. Smith, Gibbs Armstrong Borochoff Mullican Hart, P.C., Tulsa, OK, for Plaintiff/Appellant. 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. No. 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. 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. What was the outcome? Did the court act appropriately in your opinion? 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. Here, a nearly reverse situation exists in that the consideration actually to be paid under the contract far exceeds that stated. Phillips Machinery Company v. LeBond, Inc., 494 F.Supp. Xiong testified at deposition that they raised five flocks per year in their six houses. 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 v. Xiong Download PDF Check Treatment Red flags, copy-with-cite, case summaries, annotated statutes and more. Discuss the court decision in this case. 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. Advanced A.I. Yang, who were husband and wife.251 Stoll argued that they had . 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." 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. 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. 60252. VLEX uses login cookies to provide you with a better browsing experience. Page one ends with numbered paragraph 7 and the text appears to be in mid-sentence. 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. Discuss the court decision in this case. 1. 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. 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. Couple neglects to provide the chicken litter and neglects to play out the long term arrangement expressed in the agreement. Prior to coming to the United States, Xiong, who is from Laos, became a refugee due to the Vietnam War. 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. 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. One Hundred Twenty Thousand Dollars ($130,000) [sic]. 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. Yang testified: I don't know if he's supposed to get the chicken litter free or not. . 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. 2001 2-302[ 12A-2-302], has addressed uneonscionability in the context of the sale of goods under the Uniform Commercial Code. Stoll v. Xiong (Unconscionable contracts) Mr. and Mrs. Xiong are Laotian refugees with limited English abilities. Loffland Brothers Company v. Over-street, 1988 OK 60, 15, 758 P.2d 813, 817. BLAW Ch 12 Flashcards | Quizlet 1980), accord, 12A O.S. Supreme Court of Michigan. He testified he understands some spoken English but can only read a "couple" written words. 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. breached a term in the contact and requested the term's enforcement.252 The contract, drafted by Stoll, included a term . STOLL v. XIONG Important Paras The equitable concept of uneonscionability is meaningful only within the context of otherwise defined factors of onerous inequality, deception and oppression. Like in Fickel, the actual price is so gross as to shock the conscience. 4 Xiong and Yang are husband and wife. He lived in a refugee camp in Thailand for three years. He contends the contract was valid and enforceable. 6 On January 1, 2005, Buyers contracted 2 to purchase from Stoll as Seller a sixty. 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. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 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 valued the litter at about two hundred sixteen thousand dollars. Expert Answer 1st step All steps Answer only Step 1/2 Unconscionable contracts are those that are so o. 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." Brown v. Nicholson, 1997 OK 32, 5, 935 P.2d 319, 321. Unconscionability is directly related to fraud and deceit. 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. 1 Ronald Stoll appeals a judgment finding a clause in his contract with Chong Lor Xiong and Mee Yang (collectively, Buyers) unconscionable. 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. No. 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. Subscribers are able to see a visualisation of a case and its relationships to other cases. 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." 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. She did not then understand "when or what paperwork that we had signed with him giving him the rights to the litters.". They request reformation of the contract or a finding the contract is invalid. 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. Chicken litter referred to the leftover bedding and chicken manure. 3. "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. That judgment is AFFIRMED. He claims the trial court should have recognized "the validity of the contract at issue" and granted him judgment as a matter of law. 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. The parties here provided evidence relating to their transaction. Buyers shall place the litter from their poultry houses in the litter shed at the end of the growing cycle. ACCEPT. 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. Stoll v. Chong Lor Xiong, 241 P.3d 301, 305 (2010) (citations omitted). 17 "The question of unconscionability is one of law for the Court to decide." Melody Boeckman, 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." The buyers raised several defenses and counterclaims. because the facts are presented in documentary form. Stoll v. Xiong. STOLL v. CHONG LOR XIONG | Cited Cases Home Browse Decisions P.3d 241 P.3d 241 P.3d 301 STOLL v. CHONG LOR XIONG Email | Print | Comments ( 0) No. 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. 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. 7 After the first growing cycle, Buyers de-caked 3 their chicken houses at a cost of $900. Xiong and Yang contracted with Ronald Stoll to purchase sixty acres of land. 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. 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. Stoll v. Xiong, 241 P.3d 301 (2010): Case Brief Summary 10th Circuit. 743 N.W.2d 17 (2008) PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Delonnie Venaro SILLIVAN, Defendant-Appellant. 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. Integer semper venenatis felis lacinia malesuada. Perry v. Green, 1970 OK 70, 468 P.2d 483. We just asked him to help us [sic] half of what the de-cake cost is, and he said no. 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. We just asked him to help us [sic] half of what the de-cake cost is, and he said no. 3 On review of summary judgments, the appellate court may, substitute its analysis of the record for the trial court's analysis. 7 After the first growing cycle, Buyers de-caked3 their chicken houses at a cost of $900. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. All inferences and conclusions to be drawn from the evidentiary materials must be viewed in a light most favorable to Plaintiff. 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.". (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. However, at her own deposition, Ms. Lee was herself assisted by an interpreter. Mauris finibus odio eu maximus interdum. C. Hetherington, Jr., Judge: 1 Ronald Stoll appeals a judgment finding a clause in his contract with Chong Lor Xiong and Mee Yang (collectively, Buyers) unconscionable. Lastly, the court ruled that the consideration actually to be paid under the contract far exceeded that stated. 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. 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. 1 Her deposition testimony was taken using Yer Lee, a defendant in companion Case No. View Case Cited Cases Citing Case Cited Cases Nantz v. Nantz, 1988 OK 9, 10, 749 P.2d 1137, 1140. Would you have reached the . Yang testified at deposition that according to Stoll's representations, the litter could be worth $25 per ton. near:5 gun, "gun" occurs to either to 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. 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. He lived in a refugee camp in Thailand for three years. 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." All inferences and conclusions to be drawn from the evidentiary materials must be viewed in a light most favorable to Plaintiff. She testified Stoll told her "that we had to understand that we had signed over the litter to him." 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. 269501. 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, An order granting summary relief, in whole or in part, disposes solely of law questions and hence is reviewable by a. 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. She testified Stoll told her "that we had to understand that we had signed over the litter to him." 330 (1895) Structural Polymer Group, Ltd. v. Zoltek Corp. 543 F.3d 987 (2008) Sullivan v. O'Connor. 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. They request reformation of the contract or a finding the contract is invalid. BLAW 235 Exam 2 Case Studies From Notes Flashcards | Quizlet 134961. 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. 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. The trial court found the litter provision unconscionable and granted summary judgment in the buyers favor. Prior to coming to the United States, Xiong, who is from Laos, became a refugee due to the Vietnam War. Western District of Oklahoma 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. CONTACT INFO: 805-758-8202; Email vgtradelaw@aol.com He testified that one house de-caking of a house like those of Buyers yields about 20 tons of litter. #8 Stoll v. Chong Lor Xiong and Mee Yang, 241 P.3d 301 (Oklahoma, 2010) Stoll, a property owner, entered into a land installment contract in 2005 to sell 60 acres of constructed by Stoll. 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. Here, a nearly reverse situation exists in that the consideration actually to be paid under the contract far exceeds that stated. 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. 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." Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. 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. Fickel v. Webb, 1930 OK 432, 293 P. 206; Morton v. Roberts, 1923 OK 126, 213 P. 297. business law-chapter 5 Flashcards | Quizlet Ross By and Through Ross v. City of Shawnee, 1984 OK 43, 683 P.2d 535. I don't know if he's supposed to get the chicken litter free or not. letters. 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." You already receive all suggested Justia Opinion Summary Newsletters. 107,879, 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. However, at her own deposition, Ms. Lee was herself assisted by an interpreter. And to be real honest with you, I can't think of one. 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. We just asked him to help us [sic] half of what the de-cake cost is, and he said no. All inferences and conclusions to be drawn from the evidentiary materials must be viewed in a light most favorable to Plaintiff. Brown v. Nicholson, 1997 OK 32, 5, 935 P.2d 319, 321. 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." 107879, and hearing was held on the motions in both cases on November 4, 2009. Business Management Business Law BUL 2241 Answer & Explanation Solved by verified expert Answered by thomaskyalo80 Stoll included the litter provision in the draft and final contracts. The first paragraph on the next page is numbered 10, and paragraph numbering is consecutive through the third page, which contains the parties' signatures. Contracts or Property IRAC Case Brief - SweetStudy "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." Get more case briefs explained with Quimbee. Xiong had three years of school in Laos and learned to read and write Laotian. Uneonscionability is directly related to fraud and deceit. Stoll v. Chong Lor Xiong , 241 P.3d 301 ( 2010 Explain unconscionable contracts and the legal principle behind it. Mark D. Antinoro, TAYLOR, BURRAGE LAW FIRM, Claremore, Oklahoma, for Defendants/Appellees. 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. All inferences and conclusions to be drawn from the evidentiary materials must be viewed in a light most favorable to Plaintiff. He lived in a refugee camp in Thailand for three years. 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. 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. Like in Fickel, the actual price is so gross as to shock the conscience. Contemporary Business Law, Global Edition - Henry R - Pearson Afterwards, the bedding shavings are replenished for the next flock to a level set by Simmons' contract. Stoll v. Xiong. 2010). 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. E-Commerce 1. Yang testified at deposition that according to Stoll's representations, the litter could be worth $25 per ton. 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. He contends the contract was valid and enforceable. PDF Bicar Course Selected Court Cases - Ncrec 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. 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.

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