stoll v xiongflair disposable flavors

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." Rationale? 1980), accord, 12A O.S. Docket No. accident), Expand root word by any number of 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. "The question of unconscionability is one of law for the Court to decide." Her deposition testimony to that effect was included as an exhibit to Stoll's response to Buyers' motion for summary judgment. Seller shall have all rights to the litter for a period of 306 years for [sic] the date of closing. View the full answer Step 2/2 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." 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. 7 After the first growing cycle, Buyers de-caked 3 their chicken houses at a cost of $900. 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. 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. Globalrock Networks, Inc. v. MCI Commc'ns Servs., Inc., No. Stoll asked the court to order specific performance on the litter provision of the contract. 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. He claims the trial court should have recognized "the validity of the contract at issue" and granted him judgment as a matter of law. Praesent varius sit amet erat hendrerit placerat. The parties here provided evidence relating to their transaction. He testified he understands some spoken English but can only read a "couple" written words. 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. 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. 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. Integer semper venenatis felis lacinia malesuada. Mauris finibus odio eu maximus interdum. We agree. 106, United States State Court of Criminal Appeals of Oklahoma. 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 site is protected by reCAPTCHA and the Google, Oklahoma Court of Civil Appeals Decisions. September 17, 2010. He testified he understands some spoken English but can only read a couple written words. They request reformation of the contract or a finding the contract is invalid. That judgment is AFFIRMED. And to be real honest with you, I can't think of one. STOLL v. XIONG2010 OK CIV APP 110Case Number: 107880Decided: 09/17/2010Mandate Issued: 10/14/2010DIVISION ITHE COURT OF CIVIL APPEALS OF THE STATE OF OKLAHOMA, DIVISION I. RONALD STOLL, Plaintiff/Appellant, 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. because the facts are presented in documentary form. 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 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. Ronald STOLL, Plaintiff/Appellant,v.CHONG LOR XIONG and Mee Yang, Defendants/Appellees. 4 Xiong and Yang are husband and wife. 7. 241 P.3d 301 (2010) Court of Civil Appeals of Oklahoma. 12 The paragraph at the center of this dispute reads: 10. 1 Ronald Stoll appeals a judgment finding a clause in his contract with Chong Lor Xiong and Mee Yang (collectively, Buyers) unconscionable. 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. 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.". The first paragraph on the next page is numbered 10, and paragraph numbering is consecutive through the third page, which contains the parties' signatures. Western District of Oklahoma. This prior agreement lists the purchase price as $120,000 and there is no provision for a road. 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. 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. 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.". whether one party is entitled to judgment as a matter of law because there are no material disputed factual questions." "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." 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. He claims the trial court should have recognized "the validity of the contract at issue" and granted him judgment as a matter of law. United States District Court of Northern District of New York, United States District Courts. 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. 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." 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. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 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. eCase is one of the world's most informative online sources for cases from different courts in United States' Federal and all states, and court cases will be updated continually - legalzone Under the contract, the buyers paid Stoll two thousand dollars per acre and an additional ten thousand dollars for construction of an access road. 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. 17 "The question of unconscionability is one of law for the Court to decide." 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. The trial court found the litter provision unconscionable and granted summary judgment in the buyers favor. 318, 322 (N.D.Okla. Private DEMYSTIFYING PUBLISHING CONTRACTS 6 Key Clauses Found in Commercial Contracts Midfirst Bank v. Safeguard Props., LLC, Case No. He testified that one house de-caking of a house like those of Buyers yields about 20 tons of litter. Afterwards, the bedding shavings are replenished for the next flock to a level set by Simmons' contract. 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. Prior to coming to the United States, defendant Xiong, who was from Laos, became a refugee due to the Vietnam War. 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. Submit your questions and get answers from a real attorney here: https://www.quimbee.com/cases/stoll-v-xiongDid we just become best friends? 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. He contends the contract was valid and enforceable. Court of appeals finds Stoll's 30 year clause unconscionable. The equitable concept of unconscionability is meaningful only within the context of otherwise defined factors of onerous inequality, deception, and oppression. Melody Boeckman, No. . 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. 8. make, on the one hand, and which no fair and honest man would accept on the other." Ross By and Through Ross v. City of Shawnee, 1984 OK 43, 683 P.2d 535. letters. Stoll included the litter provision in the draft and final contracts. 107880. 107879, and hearing was held on the motions in both cases on November 4, 2009. It was the plaintiffs idea to include the chicken litter paragraph in the land purchase contract. 10th Circuit. Released for Publication by Order of the Court of Civil Appeals of Oklahoma,Division No. Yang testified at deposition that according to Stoll's representations, the litter could be worth $25 per ton. 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." 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. APPEAL FROM THE DISTRICT COURT OF DELAWARE COUNTY, OKLAHOMA 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. 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 estate located in the same size as Buyers' houses took one semi load of shavings at a cost of $1,600 per load. 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. Here, a nearly reverse situation exists in that the consideration actually to be paid under the contract far exceeds that stated. Hetherington, Judge. 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." "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. Phillips Machinery Company v. LeBond, Inc., 494 F. Supp. 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. 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 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. The opposing motions for summary judgment in this case and those filed in companion Case No. As is recognized in Restatement (Second) of Contracts, 208, Comment a, (1981): We agree such an analogy is helpful with this analysis. CASE 9.6 Stoll v. Xiong 9. The first paragraph on the next page is numbered 10, and paragraph numbering is consecutive through the third page, which contains the parties' signatures. She testified Stoll told her that we had to understand that we had signed over the litter to him. She did not then understand when or what paperwork that we had signed with him giving him the rights to the litters.. 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. She testified Stoll told her "that we had to understand that we had signed over the litter to him." Xiong had three years of school in Laos and learned to read and write Laotian . But do courts enforce terribly unfair contracts? The Court went on to note: The equitable concept of unconscionability is meaningful only within the context of otherwise defined factors of onerous inequality, deception and oppression. We agree such an analogy is helpful with this analysis. Mark D. Antinoro, Taylor, Burrage Law Firm, Claremore, OK, for Defendants/Appellees. 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. 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.. Compare with Westlaw Opinion No. Stoll v. Xiong Ross By and Through Ross v. City of Shawnee, 1984 OK 43, 683 P.2d 535. at 1020. Xiong testified at deposition that they raised five flocks per year in their six houses. The trial court found the chicken litter clause was unconscionable as a matter of law. Xiong had three years of school in Laos and learned to read and write Laotian. 6 On January 1, 2005, Buyers contracted 2 to purchase from Stoll as Seller a sixty. He contends the contract was valid and enforceable. https://www.quimbee.com/case-briefs-overview Have Questions about this Case? 4 His suit against Buyers was filed the next day. 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. Under such circumstances, there is no assent to terms. However, at her own deposition, Ms. Lee was herself assisted by an interpreter. She is a defendant in the companion case, in which she testified she did not think he would take the chicken litter "for free." 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. Brown v. Nicholson, 1997 OK 32, 5, 935 P.2d 319, 321. Get more case briefs explained with Quimbee. Prior to coming to the United States, Xiong, who is from Laos, became a refugee due to the Vietnam War. 10th Circuit. All inferences and conclusions to be drawn from the evidentiary materials must be viewed in a light most favorable to Plaintiff. His suit against Buyers was filed the next day. Xiong and Yang contracted with Ronald Stoll to purchase sixty acres of land. 7 After the first growing cycle, Buyers de-caked their chicken houses at a cost of $900. (2012) Distinctive Effects of T Cell Subsets in Neuronal Injury Induced by Cocultured Splenocytes In Vitro and by In Vivo Stroke in Mice. 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. View Case Cited Cases Citing Case Cited Cases In 2005, defendants contractedto purchase from plaintiff Ronald Stoll as Seller, a sixty-acre parcel of real estate.

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