Prior to coming to the United States, Xiong, who is from Laos, became a refugee due to the Vietnam War. Don't Miss Important Points of Law with BARBRI Outlines (Login Required). 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." We just asked him to help us [sic] half of what the de-cake cost is, and he said no. 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. Chong Lor Xiong and Mee Yang are husband and wife. 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. Ross By and Through Ross v. City of Shawnee, 1984 OK 43, 683 P.2d 535. 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. They received little or no education and could. 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. 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. Stoll v. Xiong. Private DEMYSTIFYING PUBLISHING CONTRACTS 6 Key Clauses Found in Commercial Contracts He contends the contract was valid and enforceable. 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. 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." Yang testified: I don't know if he's supposed to get the chicken litter free or not. 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. 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. Her subsequent education consists of a six-month adult school program after her arrival in the United States. Use this button to switch between dark and light mode. 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. 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. Afterwards, the bedding shavings are replenished for the next flock to a level set by Simmons' contract. Eddie L. Carr, Christopher D. Wolek, Oliver L. Smith, Gibbs Armstrong Borochoff Mullican & Hart, P.C., Tulsa, OK, for Plaintiff/Appellant. Xiong had three years of school in Laos and learned to read and write Laotian. Citation is not available at this time. The opposing motions for summary judgment in this case and those filed in companion Case No. 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. That judgment is AFFIRMED. 1976 OK 33, 23, 548 P.2d at 1020. Loffland Brothers Company v. Overstreet, 1988 OK 60, 15, 758 P.2d 813, 817. 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. He testified he understands some spoken English but can only read a "couple" written words. 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. All inferences and conclusions to be drawn from the evidentiary materials must be viewed in a light most favorable to Plaintiff. 1 Her deposition testimony was taken using Yer Lee, a defendant in companion Case No. Yang is a Hmong immigrant from Laos. Stoll planned to sell or trade the litter. Rationale? This prior agreement lists the purchase price as $120,000 and there is no provision for a road. Buyers shall place the litter from their poultry houses in the litter shed at the end of the growing cycle. He lived in a refugee camp in Thailand for three years. Best in class Law School Case Briefs | Facts: Spouses Chong Lor Xiong and Mee Yang (plaintiffs) are both Laotian immigrants. As the actual price that the defendants would pay under the chicken litter paragraph was so gross as to shock the conscience. 743 N.W.2d 17 (2008) PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Delonnie Venaro SILLIVAN, Defendant-Appellant. For thirty years, the estimated value of the de-caked chicken litter using Stoll's $12 value would be $216,000. He claims the trial court should have recognized "the validity of the contract at issue" and granted him judgment as a matter of law. Elements: 107,880. Stoll asked the court to order specific performance on the litter provision of the contract. 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. 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. Nearby land had sold for $1,200 per acre. 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. 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. 13 At hearing, the trial court commented: I've read this and reread this and reread this. 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. 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. Chong Lor Xiong, 241 P.3d 301, 305 (2010) (citations omitted). 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. Mauris finibus odio eu maximus interdum. 107879. One Hundred Twenty Thousand Dollars ($130,000) [sic]. She testified Stoll told her "that we had to understand that we had signed over the litter to him." In posuere eget ante id facilisis. Prior to coming to the United States, Xiong, who is from Laos, became a refugee due to the Vietnam War. Yes. Court of Civil Appeals of Oklahoma. Her deposition testimony was taken using Yer Lee, a defendant in companion Case No. The first paragraph on the next page is numbered 10, and paragraph numbering is consecutive through the third page, which contains the parties' signatures. Subscribers are able to see any amendments made to the case. 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. 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. Fichei v. Webb, 1930 OK 432, 293 P. 206; Morton v. Roberts, 1923 OK 126, 213 P. 297. Plaintiff appealed. Perry v. Green, 1970 OK 70, 468 P.2d 483. 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." 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. CHONG LOR XIONG and MEE YANG, Defendants/Appellees. Section 2-302 provides: (1) If the court as a matter of law finds the contract or any clause of the contract to have been unconscionable at the time it was made the court may refuse to enforce the contract, or it may enforce the remainder of the contract without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result. 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." Stoll v. Chong Lor Xiong , 241 P.3d 301 ( 2010 Explain unconscionable contracts and the legal principle behind it. Business Management Business Law BUL 2241 Answer & Explanation Solved by verified expert Answered by thomaskyalo80 2010). The Xiongs asserted that the agreement was inappropriate. The court affirmed the district courts judgment. The actual price Buyers will pay under the paragraph Stoll included in the land sale contract is so gross as to shock the conscience. As is recognized in Restatement (Second) of Contracts, 208, Comment a, (1981): We agree such an analogy is helpful with this analysis. He testified he understands some spoken English but can only read a couple written words. Stoll v. Xiong. right of "armed robbery. 107,880. 1 Ronald Stoll appeals a judgment finding a clause in his contract with Chong Lor Xiong and Mee Yang (collectively, Buyers) unconscionable. He alleged Buyers had a prior version of their agreement 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. 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. at 1020. #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. 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. He contends the contract was valid and enforceable. 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. 107, 879, as an interpreter. pronounced. Sed eu magna efficitur, luctus lorem ut, tincidunt arcu. Phillips Machinery Company v. LeBlond, Inc., 494 F.Supp. Xiong had three years of school in Laos and learned to read and write Laotian. 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. They request reformation of the contract or a finding the contract is invalid. Expert Answer 1st step All steps Answer only Step 1/2 Unconscionable contracts are those that are so o.
stoll v xiong
01. jul