Occurs where one or both of the parties to a contract have an erroneous belief about a material (important, fundamental) aspect of the contract - such as its subject matter, value, or some other aspect of the contract Mistakes may be either unilateral or mutual Click the card to flip Flashcards Learn Test Match Created by carbrooks64 107,879. Buyers shall place the litter from their poultry houses in the litter shed at the end of the growing cycle. 10th Circuit. Xiong had three years of school in Laos and learned to read and write Laotian. You can explore additional available newsletters here. Defendant did not then understand when or what paperwork they had signed with him giving him the rights to the litters. 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 743 N.W.2d 17 (2008) PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Delonnie Venaro SILLIVAN, Defendant-Appellant. Prior to coming to the United States, Xiong, who is from Laos, became a refugee due to the Vietnam War. 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." 17 "The question of unconscionability is one of law for the Court to decide." 1:09CV1284 (MAD/RFT). Seller shall empty the litter shed completely between growing cycles so that the shed will be available for use by Buyers when needed. 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. Phillips Machinery Company v. LeBond, Inc., 494 F.Supp. 5. 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. Prior to coming to the United States, Xiong, who is from Laos, became a refugee due to the Vietnam War. This prior agreement lists the purchase price as $120,000 and there is no provision for a road. 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, i.e., Xiong's sister and brother-in-law, who are the defendants in the companion case. 7 After the first growing cycle, Buyers de-caked3 their chicken houses at a cost of $900. Stoll v. Xiong Download PDF Check Treatment Red flags, copy-with-cite, case summaries, annotated statutes and more. INSTRUCTOR: Virginia Goodrich, Esq. 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. Ross By and Through Ross v. City of Shawnee, 1984 OK 43, 683 P.2d 535. No. Fickel v. Webb, 1930 OK 432, 293 P. 206; Morton v. Roberts, 1923 OK 126, 213 P. 297. They request reformation of the contract or a finding the contract is invalid. 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. 107,879, as an interpreter. All inferences and conclusions to be drawn from the evidentiary materials must be viewed in a light most favorable to Plaintiff. 9. For thirty years, the estimated value of the de-caked chicken litter using Stoll's $12 value would be $216,000. 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. They request reformation of the contract or a finding the contract is invalid. The three-page Agreement to Sell Real Estate appears to be missing a page. Xiong had three years of school in Laos and learned to read and write Laotian. However, the interpreter didnt understand the litter provision. Seller shall empty the litter shed completely between growing cycles so that the shed will be available for use by Buyers when needed. 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. In posuere eget ante id facilisis. Court of Civil Appeals of Oklahoma,Division No. armed robbery w/5 gun, "gun" occurs to 39 N.E. Under the contract, the buyers paid Stoll two thousand dollars per acre and an additional ten thousand dollars for construction of an access road. I don't know if he's supposed to get the chicken litter free or not. Brown v. Nicholson, 1997 OK 32, 5, 935 P.2d 319, 321. Xiong had three years of school in Laos and learned to read and write Laotian. 107,879, and hearing was held on the motions in both cases on November 4, 2009. Unconscionability is directly related to fraud and deceit. 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. Stoll planned to sell or trade the litter. The UCC Book to read! (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. The actual price Buyers will pay under the paragraph Stoll included in the land sale contract is so gross as to shock the conscience. Loffland Brothers Company v. Over-street, 1988 OK 60, 15, 758 P.2d 813, 817. Xiong had three years of school in Laos and learned to read and write Laotian. Loffland Brothers Company v. Overstreet, 1988 OK 60, 15, 758 P.2d 813, 817. 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! United States District Courts. The equitable concept of unconscionability is meaningful only within the context of otherwise defined factors of onerous inequality, deception, and oppression. 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. You also get a useful overview of how the case was received. 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.". 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. 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. (2012) Distinctive Effects of T Cell Subsets in Neuronal Injury Induced by Cocultured Splenocytes In Vitro and by In Vivo Stroke in Mice. 2001 2-302[ 12A-2-302], has addressed uneonscionability in the context of the sale of goods under the Uniform Commercial Code. 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. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. Chicken litter referred to the leftover bedding and chicken manure. Private DEMYSTIFYING PUBLISHING CONTRACTS 6 Key Clauses Found in Commercial Contracts 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. Prior to coming to the United States, Xiong, who is from Laos, became a refugee due to the Vietnam War. He claims the trial court should have recognized "the validity of the contract at issue" and granted him judgment as a matter of law. #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. We agree. Lastly, the court ruled that the consideration actually to be paid under the contract far exceeded that stated. 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. STOLL v. CHONG LOR XIONG. Brown v. Nicholson, 1997 OK 32, 5, 935 P.2d 319, 321. Under such circumstances, there is no assent to terms. She did not then understand "when or what paperwork that we had signed with him giving him the rights to the litters.". Subscribers are able to see a list of all the documents that have cited the case. 7 After the first growing cycle, Buyers de-caked 3 their chicken houses at a cost of $900. 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. 107880. Subscribers are able to see any amendments made to the case. 1. 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. We agree. He contends the contract was valid and enforceable. You already receive all suggested Justia Opinion Summary Newsletters. "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." Stoll asked the court to order specific performance on the litter provision of the contract. 2nd Circuit. right or left of "armed robbery. The actual price Buyers will pay under the paragraph Stoll included in the land sale contract is so gross as to shock the conscience. 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. 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. Yang, who were husband and wife.251 Stoll argued that they had . 4 Xiong and Yang are husband and wife. that we had to understand that we had signed over the litter to him., when or what paperwork that we had signed with him giving him the rights to the litters.. Melody Boeckman, No. 1. Seller shall have all rights to the litter for a period of 306 years for [sic] the date of closing. 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.. 1 Ronald Stoll appeals a judgment finding a clause in his contract with Chong Lor Xiong and Mee Yang (collectively, Buyers) unconscionable. The opposing motions for summary judgment in this case and those filed in companion Case No. 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. 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, Prior to coming to the United States, defendant Xiong, who was from Laos, became a refugee due to the Vietnam War. 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 . Eddie L. Carr, Christopher D. Wolek, Oliver L. Smith, Gibbs Armstrong Borochoff Mullican & Hart, P.C., Tulsa, OK, for Plaintiff/Appellant. 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. 8. Please check back later. Couple fails to deliver chicken litter and failing to perform the the 30 year provision stated in the contract. 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. Opinion by WM. 107879. Yang is a Hmong immigrant from Laos. 318, 322 (N.D. Okla. 1980), accord, 12A O.S.2001 2-302, Oklahoma Code Comment ("Note that the determination of 'unconscionable' is one of law for the court."). She did not then understand "when or what paperwork that we had signed with him giving him the rights to the litters.". 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. Prior to coming to the United States, Xiong, who is from Laos, became a refugee due to the Vietnam War. Yang didnt understand that signing the contract meant Stoll received the right to the litter. 1999) Howe v. Palmer 956 N.E.2d 249 (2011) United States Life Insurance Company v. Wilson 18 A.3d 110 (2011) Wucherpfennig v. Dooley 351 N.W.2d 443 (1984) Lamps Plus, Inc. v. Varela 1. to the other party.Id. Yang testified: I don't know if he's supposed to get the chicken litter free or not. Yang testified at deposition that according to Stoll's representations, the litter could be worth $25 per ton. 2 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. That judgment is AFFIRMED. 13 At hearing, the trial court commented: I've read this and reread this and reread this. Ross By and Through Ross v. City of Shawnee, 1984 OK 43, 683 P.2d 535. 6 On January 1, 2005, Buyers contracted 2 to purchase from Stoll as Seller a sixty. That judgment is AFFIRMED. Farmers used litter to fertilize their crops. He claims the trial court should have recognized "the validity of the contract at issue" and granted him judgment as a matter of law. CHONG LOR XIONG and MEE YANG, Defendants/Appellees. 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. As is recognized in Restatement (Second) of Contracts, 208, Comment a, (1981): We agree such an analogy is helpful with this analysis. Yang testified at deposition that according to Stoll's representations, the litter could be worth $25 per ton. He contends the contract was valid and enforceable. 11 Buyers moved for summary judgment, arguing there is no dispute about material facts, the contract is unconscionable as a matter of law, and that as a consequence of this unconscionability, all of Stoll's claims should be denied and judgment be entered in their favor. They request reformation of the contract or a finding the contract is invalid. Phillips Machinery Company v. LeBond, Inc., 494 F. Supp. 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."
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