stoll v xiong

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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. 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. whether one party is entitled to judgment as a matter of law because there are no material disputed factual questions." They received little or no education and could. 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. Prior to coming to the United States, Xiong, who is from Laos, became a refugee due to the Vietnam War. 3. The opposing motions for summary judgment in this case and those filed in companion 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, i.e. Unconscionability is directly related to fraud and deceit. APPEAL FROM THE DISTRICT COURT OF DELAWARE COUNTY, OKLAHOMA Like in Fickel, the actual price is so gross as to shock the conscience. 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. Try it free for 7 days! 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. Gu L, Xiong X, Zhang H, et al. 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." 3 On review of summary judgments, the appellate court may, substitute its analysis of the record for the trial court's analysis. Get free summaries of new Oklahoma Court of Civil Appeals opinions delivered to your inbox! He testified that one house de-caking of a house like those of Buyers yields about 20 tons of litter. I don't know if he's supposed to get the chicken litter free or not. 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. 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. The question of unconscionability is one of law for the Court to decide. Stoll v. Chong Lor Xiong. You can explore additional available newsletters here. 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." 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. Toker v. Westerman . Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 3 On review of summary judgments, 27 Citing Cases From Casetext: Smarter Legal Research Loffland Bros. Co. v. Overstreet Download PDF Check Treatment Red flags, copy-with-cite, case summaries, annotated statutes and more. Stoll v. Xiong 241 P.3d 301 (2010) Court of Civil Appeals of ask 7 Mauris finibus odio eu maximus interdum. 19 An analogy exists regarding the cancellation of deeds. "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. The Oklahoma Legislature, at 12A O.S. 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.1971 1-101, et seq., found that "[a]n 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) Figgie International, Inc. v. Destileria Serralles, Inc. 190 F.3d 252 (4th Cir. . Expert Answer 1st step All steps Answer only Step 1/2 Unconscionable contracts are those that are so o. letters. 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. 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. Here, a nearly reverse situation exists in that the consideration actually to be paid under the contract far exceeds that stated. Xiong and Yang contracted with Ronald Stoll to purchase sixty acres of land. FACTS 4 Xiong and Yang are husband and wife. 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. Stoll v. Chong Lor Xiong - 2010 OK CIV APP 110, 241 P.3d 301 Rule: The equitable concept of unconscionability is meaningful only within the context of otherwise defined factors of onerous inequality, deception, and oppression. 7 After the first growing cycle, Buyers de-caked their chicken houses at a cost of $900. 5 This prior agreement lists the purchase price as $120,000 and there is no provision for a road. Stoll v. Chong Lor Xiong, 241 P.3d 301, 305 (2010) (citations omitted). All inferences and conclusions to be drawn from the evidentiary materials must be viewed in a light most favorable to Plaintiff. Similar motions were filed in companion Case No. You're all set! Stoll v. Xiong (Unconscionable contracts) Mr. and Mrs. Xiong are Laotian refugees with limited English abilities. 241 P.3d 301 (2010) Strong v. Sheffield. 2. Stoll v. Chong Lor Xiong , 241 P.3d 301 ( 2010 Explain 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. 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. Brown v. Nicholson, 1997 OK 32, 5, 935 P.2d 319, 321. 4 Xiong and Yang are husband and wife. However, Stoll added a provision in the contract requesting that the buyers deliver the litter of chickens from chicken houses on the property for the next . 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. 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." 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. Contracts or Property IRAC Case Brief - SweetStudy 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. 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. The Xiong's purchased land for 130,000. Defendants Chong Lor Xiong and Mee Yang were husband and wife. Subscribers can access the reported version of this case. whether one party is entitled to judgment as a matter of law because there are no material disputed factual questions." 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. He contends the contract was valid and enforceable. Docket No. Farmers used litter to fertilize their crops. 3. Sed eu magna efficitur, luctus lorem ut, tincidunt arcu. He testified he understands some spoken English but can only read a couple written words. 1. Carmichael v. Beller, 1996 OK 48, 2, 914 P.2d 1051, 1053. 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. 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." 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. That judgment is AFFIRMED. Did the court act appropriately in your opinion? It was the plaintiffs idea to include the chicken litter paragraph in the land purchase contract. Don't Miss Important Points of Law with BARBRI Outlines (Login Required). 17 "The question of unconscionability is one of law for the Court to decide." 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. An order granting summary relief, in whole or in part, disposes solely of law questions and hence is reviewable by a de novo standard. We just asked him to help us [sic] half of what the de-cake cost is, and he said no. 107,879. Western District of Oklahoma In posuere eget ante id facilisis. 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. 107,880. 1. Here, a nearly reverse situation exists in that the consideration actually to be paid under the contract far exceeds that stated. An order granting summary relief, in whole or in part, disposes solely of law questions and hence is reviewable by a de novo standard. You already receive all suggested Justia Opinion Summary Newsletters. 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. Released for Publication by Order of the Court of Civil Appeals of Oklahoma,Division No. He claims the trial court should have recognized "the validity of the contract at issue" and granted him judgment as a matter of law. The officers who arrested Xiong found incriminating physical evidence in the hotel room where he was arrested, including card-rigging paraphernalia and a suitcase containing stacks of money made to appear as if consisting solely of $100 bills. The three-page Agreement to Sell Real Estate appears to be missing a page. 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. But do courts enforce terribly unfair contracts? 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. 8. 1. 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. 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. Eddie L. Carr, Christopher D. Wolek, Oliver L. Smith, Gibbs Armstrong Borochoff Mullican Hart, P.C., Tulsa, OK, for Plaintiff/Appellant. He also claimed that he was entitled to immediate possession and if the litter has been taken in execution of a judgment against him, was exempt from being so taken. The buyers sold the litter to third parties. Stoll v. Chong Lor Xiong. Ross By and Through Ross v. City of Shawnee, 1984 OK 43, 683 P.2d 535. 7. 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. 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. Xiong, who is from Laos, became a refugee due to the Vietnam War. 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. Xiong and his wife were immigrants from Laos. Was the chicken litter clause in the land purchase contract unconscionable? 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. We just asked him to help us [sic] half of what the de-cake cost is, and he said no. Stoll v. Xiong " 16 In Barnes v. Helfenbein, 1976 OK 33, 548 P.2d 1014, the Court, analyzing the equitable concept of 44 Citing Cases From Casetext: Smarter Legal Research Barnes v. Helfenbein Supreme Court of Oklahoma Mar 16, 1976 1976 OK 33 (Okla. 1976)Copy Citations Download PDF Check Treatment Summary 107,880. Seller shall empty the litter shed completely between growing cycles so that the shed will be available for use by Buyers when needed. 241 P.3d 301 (2010) Court of Civil Appeals of Oklahoma. His suit against Buyers was filed the next day. STOLL v. CHONG LOR XIONG | Cited Cases - Leagle 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.". 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. VLEX uses login cookies to provide you with a better browsing experience. App. Yang testified at deposition that according to Stoll's representations, the litter could be worth $25 per ton. View the full answer Step 2/2 Her deposition testimony to that effect was included as an exhibit to Stoll's response to Buyers' motion for summary judgment. 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. Opinion by WM. 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. The equitable concept of unconscionability is meaningful only within the context of otherwise defined factors of onerous inequality, deception, and oppression. PDF Syllabus Southern California Institute of Law Course: Contracts Ii 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. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. As is recognized in Restatement (Second) of Contracts, 208, Comment a, (1981): Uniform Commercial Code 2-302 is literally inapplicable to contracts not involving the sale of goods, but it has proven very influential in non-sales cases. Yang is a Hmong immigrant from Laos. 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. Defendant testified that plaintiff told her that they had to understand that they had signed over the litter to him. 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." Eddie L. Carr, Christopher D. Wolek, Oliver L. Smith, GIBBS ARMSTRONG BOROCHOFF MULLICAN & HART, P.C., Tulsa, Oklahoma, for Plaintiff/Appellant, 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. We just asked him to help us [sic] half of what the de-cake cost is, and he said no. And if unconscionability has any meaning in the law at all, if that is a viable theory at all, then I think this is a prime example of it. Afterwards, the bedding shavings are replenished for the next flock to a level set by Simmons' contract. . 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. #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. 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. business law-chapter 5 Flashcards | Quizlet September 17, 2010. Seller shall have all rights to the litter for a period of 306 years for [sic] the date of closing. The trial court found the chicken litter clause in the land purchase contract unconscionable as a matter of law and entered judgment in Buyers' favor. However, at her own deposition, Ms. Lee was herself assisted by an interpreter. Stoll v. Xiong Mr and Mrs. Xiong are foreigners with restricted English capacities. 743 N.W.2d 17 (2008) PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Delonnie Venaro SILLIVAN, Defendant-Appellant. Perry v. Green, 1970 OK 70, 468 P.2d 483. 1971 1-101[ 14A-1-101], et seq., found that "[a]n 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." Neither Xiong nor Yang could read more than a couple of words. He alleged Buyers. The court affirmed the district courts judgment. Stay connected to Quimbee here: Subscribe to our YouTube Channel https://www.youtube.com/subscription_center?add_user=QuimbeeDotCom Quimbee Case Brief App https://www.quimbee.com/case-briefs-overview Facebook https://www.facebook.com/quimbeedotcom/ Twitter https://twitter.com/quimbeedotcom #casebriefs #lawcases #casesummaries Stoll v. Xiong. 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. Page one ends with numbered paragraph 7 and the text appears to be in mid-sentence. INSTRUCTOR: Virginia Goodrich, Esq. 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. Xiong testified at deposition that they raised five flocks per year in their six houses. Yang testified at deposition that according to Stoll's representations, the litter could be worth $25 per ton. That judgment is AFFIRMED. Ross By and Through Ross v. City of Shawnee, 1984 OK 43, 683 P.2d 535. Nearby land had sold for $1,200 per acre. Under such circumstances, there is no assent to terms. Stoll v. Xiong Ross By and Through Ross v. City of Shawnee, 1984 OK 43, 683 P.2d 535. Xiong had three years of school in Laos and learned to read and write Laotian. Phillips Machinery Company v. LeBond, Inc., 494 F.Supp. PDF Bicar Course Selected Court Cases - Ncrec 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.

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