Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 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. 16 In Barnes v. Helfenbein, 1976 OK 33, 548 P.2d 1014, the Court, analyzing the equitable concept of unconscionability in the context of a loan with the Uniform Consumer Credit Code, 14A O.S. We agree. 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. 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. FACTS 4 Xiong and Yang are husband and wife. Carmichael v. Beller, 1996 OK 48, 2, 914 P.2d 1051, 1053. He testified he understands some spoken English but can only read a "couple" written words. Subscribers can access the reported version of this case. 1. Neither Xiong nor Yang could read more than a couple of words. However, the interpreter didnt understand the litter provision. CIV-17-231-D United States United States District Courts. The buyers sold the litter to third parties. Similar motions were filed in companion Case No. Evoking Anticipated Guilt: Stoll (2010) - Guilt-Free Markets BLAW 235 Exam 2 Case Studies From Notes Flashcards | Quizlet Chong Lor Xiong and Mee Yang are husband and wife. 107,880. 1980), accord, 12A O.S. 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. 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. Farnsworth & Sanger 9th - Casebriefs Brown v. Nicholson, 1997 OK 32, 5, 935 P.2d 319, 321. Ross By and Through Ross v. City of Shawnee, 1984 OK 43, 683 P.2d 535. Ut ultricies suscipit justo in bibendum. . 12 The paragraph at the center of this dispute reads: 10. Yang testified: The de-caking process involves removal of some of the upper layer of bedding used by a flock. whether one party is entitled to judgment as a matter of law because there are no material disputed factual questions." Facts. Chicken litter referred to the leftover bedding and chicken manure. 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." App. 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. Appeal From The District Court Of Delaware County, Oklahoma; Honorable Robert G. Haney, Trial Judge. 318, 322 (N.D.Okla. As the actual price that the defendants would pay under the chicken litter paragraph was so gross as to shock the conscience. APPEAL FROM THE DISTRICT COURT OF DELAWARE COUNTY, OKLAHOMA. 241 P.3d 301 (2010) Court of Civil Appeals of Oklahoma. Afterwards, the bedding shavings are replenished for the next flock to a level set by Simmons' contract. Stoll v. Xiong (Unconscionable contracts) Mr. and Mrs. Xiong are Laotian refugees with limited English abilities. Docket No. UCC 2-302 Legal Meaning & Law Definition: Free Law Dictionary Xiong had three years of school in Laos and learned to read and write Laotian. Stoll v. Xiong Ross By and Through Ross v. City of Shawnee, 1984 OK 43, 683 P.2d 535. Do all contracts have to be in writing to be enforceable? Was the chicken litter clause in the land purchase contract unconscionable? (2012) Distinctive Effects of T Cell Subsets in Neuronal Injury Induced by Cocultured Splenocytes In Vitro and by In Vivo Stroke in Mice. 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. You also get a useful overview of how the case was received. An order granting summary relief, in whole or in part, disposes solely of law questions and hence is reviewable by a de novo standard. 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. 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). CHONG LOR XIONG and MEE YANG, Defendants/Appellees. Brown v. Nicholson, 1997 OK 32, 5, 935 P.2d 319, 321. He testified he understands some spoken English but can only read a "couple" written words. No. They request reformation of the contract or a finding the contract is invalid. 1 Ronald Stoll appeals a judgment finding a clause in his contract with Chong Lor Xiong and Mee Yang (collectively, Buyers) unconscionable. Defendants answered that the sales contract has merged into their deed filed in 2005 without incorporation of the provision on chicken litter such that the provision cannot run with the land. 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. His suit against Buyers was filed the next day. Perry v. Green, 1970 OK 70, 468 P.2d 483. Eddie L. Carr, Christopher D. Wolek, Oliver L. Smith, Gibbs Armstrong Borochoff Mullican Hart, P.C., Tulsa, OK, for Plaintiff/Appellant. 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. 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." Defendants Chong Lor Xiong and Mee Yang were husband and wife. 107,879, and hearing was held on the motions in both cases on November 4, 2009. Best in class Law School Case Briefs | Facts: Spouses Chong Lor Xiong and Mee Yang (plaintiffs) are both Laotian immigrants. 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 had three years of school in Laos and learned to read and write Laotian. 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. 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. Stoll included a clause that required giving all the chicken litter to Stoll for free for 30 years. Stoll v. Xiong 241 P.3d 301 (2010) Court of Civil Appeals of Oklahoma - Mr. and Mrs. Xiong are Laotian refugees with limited English abilities. Stoll v. Xiong Case Brief Summary | Law Case ExplainedDeciphering Scholarly Publishing Contracts: Books Negotiating Literary Translation Contracts UCC Codes: UCC 1-308 Without Prejudice Sign this way \u0026 don't contract! 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. 1. 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. He contends the contract was valid and enforceable. Couple neglects to provide the chicken litter and neglects to play out the long term arrangement expressed in the agreement. 1 Ronald Stoll appeals a judgment finding a clause in his contract with Chong Lor Xiong and Mee Yang (collectively, Buyers) unconscionable. All inferences and conclusions to be drawn from the evidentiary materials must be viewed in a light most favorable to Plaintiff. BLAW Ch 12 Flashcards | Quizlet 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. Yang didnt understand that signing the contract meant Stoll received the right to the litter. Ross By and Through Ross v. City of Shawnee, 1984 OK 43, 683 P.2d 535. People v. SILLIVAN, Michigan Supreme Court, State Courts - Court Case They request reformation of the contract or a finding the contract is invalid. (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. View Case Cited Cases Citing Case Cited Cases Yang is a Hmong immigrant from Laos.1 She received no education in Laos and her subsequent education consists of a six month "adult school" program after her arrival in 1985 in the United States at age 19. Globalrock Networks, Inc. v. MCI Commc'ns Servs., Inc., No. Xiong had three years of school in Laos and learned to read and write Laotian. The Court went on to note: 17 "The question of uneonscionability is one of law for the Court to decide." 7 After the first growing cycle, Buyers de-caked their chicken houses at a cost of $900. She testified Stoll told her "that we had to understand that we had signed over the litter to him." 107879. An order granting summary relief, in whole or in part, disposes solely of law questions and hence is reviewable by a de novo standard. 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." Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. View the full answer Step 2/2 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." Midfirst Bank v. Safeguard Props., LLC, Case No. 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. The court affirmed the district courts judgment. STOLL v. CHONG LOR XIONG | 241 P.3d 301 (2010) - Leagle at 1020. 7. 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. She testified Stoll told her "that we had to understand that we had signed over the litter to him." He claims the trial court should have recognized "the validity of the contract at issue" and granted him judgment as a matter of law. Nearby land had sold for $1,200 per acre. Prior to coming to the United States, Xiong, who is from Laos, became a refugee due to the Vietnam War. Unconscionability is directly related to fraud and deceit. He contends the contract was valid and enforceable. 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 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. 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. Loffland Brothers Company v. Overstreet, 1988 OK 60, 15, 758 P.2d 813, 817. Unconscionability is directly related to fraud and deceit. Xiong, who is from Laos, became a refugee due to the Vietnam War. 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. Xiong testified at deposition that they raised five flocks per year in their six houses. We just asked him to help us [sic] half of what the de-cake cost is, and he said no. 1. Make your practice more effective and efficient with Casetexts legal research suite. right or left of "armed robbery. We agree such an analogy is helpful with this analysis. 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. Perry v. Green, 1970 OK 70, 468 P.2d 483. 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. 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. We agree. Her subsequent education consists of a six-month adult school program after her arrival in the United States. 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. 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. 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. Globalrock Networks, Inc. v. MCI Communications Services, Inc. Sed eu magna efficitur, luctus lorem ut, tincidunt arcu. A few years before this contract, other property in the area sold for one thousand two hundred dollars an acre. Xiong and Yang contracted with Ronald Stoll to purchase sixty acres of land. She is a defendant in the companion case, in which she testified she did not think he would take the chicken litter "for free." Court of Civil Appeals of Oklahoma,Division No. He contends the contract was valid and enforceable. 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. 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. He lived in a refugee camp in Thailand for three years. Solved Stoll v. Chong Lor Xiong , 241 P.3d 301 ( 2010 | Chegg.com 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. 33-The case Turner Broadcasting v. McDavid is one of my favorite cases in the textbook. 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. 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. Stoll v. Xiong Mr and Mrs. Xiong are foreigners with restricted English capacities. 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. whether one party is entitled to judgment as a matter of law because there are no material disputed factual questions. Carmichael v. Beller, 1996 OK 48, 2, 914 P.2d 1051, 1053. Subscribers are able to see the revised versions of legislation with amendments. 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. 13 At hearing, the trial court commented: I've read this and reread this and reread this. Unit 2 case summaries.pdf - Ramirez 1 Joseph Ramirez Mr. 107, 879, as an interpreter. 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." September 17, 2010. Explain the facts of the case and the result. make, on the one hand, and which no fair and honest man would accept on the other." Prior to coming to the United States, Xiong, who is from Laos, became a refugee due to the Vietnam War. They request reformation of the contract or a finding the contract is invalid. ACCEPT. 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. He testified he understands some spoken English but can only read a couple written words. 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. Opinion by Wm. 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. Contracts or Property IRAC Case Brief - SweetStudy 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 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. 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.. 743 N.W.2d 17 (2008) PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Delonnie Venaro SILLIVAN, Defendant-Appellant. 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." Contemporary Business Law, Global Edition - Henry R - Pearson 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. 13 At hearing, the trial court commented: I've read this and reread this and reread this. Lastly, the court ruled that the consideration actually to be paid under the contract far exceeded that stated. 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. "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. 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.

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