Xiong had three years of school in Laos and learned to read and write Laotian . 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. 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.. Globalrock Networks, Inc. v. MCI Communications Services, Inc. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. 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. Quimbee has over 16,300 case briefs (and counting) keyed to 223 casebooks https://www.quimbee.com/case-briefs-overview Stoll v. Xiong | 241 P.3d 301 (2010)From signing a lease to clicking a box when downloading an app, people regularly agree to contracts that may include undesirable or unfair terms. 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. Subscribers are able to see a visualisation of a case and its relationships to other cases. All inferences and conclusions to be drawn from the evidentiary materials must be viewed in a light most favorable to Plaintiff. They request reformation of the contract or a finding the contract is invalid. 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. "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." Gu L, Xiong X, Zhang H, et al. 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. 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. 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. He lived in a refugee camp in Thailand for three years. Compare with Westlaw Opinion No. 1. 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. Private DEMYSTIFYING PUBLISHING CONTRACTS 6 Key Clauses Found in Commercial Contracts He testified he understands some spoken English but can only read a couple written words. Stoll v. Xiong Ross By and Through Ross v. City of Shawnee, 1984 OK 43, 683 P.2d 535. Stoll v. Xiong. Subscribers can access the reported version of this case. Afterwards, the bedding shavings are replenished for the next flock to a level set by Simmons' contract. However, at her own deposition, Ms. Lee was herself assisted by an interpreter. 6. STOLL v. CHONG LOR XIONG. Yang is a Hmong immigrant from Laos. What was the outcome? He claims the trial court should have recognized "the validity of the contract at issue" and granted him judgment as a matter of law. Afterwards, the bedding shavings are replenished for the next flock to a level set by Simmons contract. Prior to coming to the United States, Xiong, who is from Laos, became a refugee due to the Vietnam War. 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." accident), Expand root word by any number of Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. 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. 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. "The question of unconscionability is one of law for the Court to decide." Xiong testified at deposition that they raised five flocks per year in their six houses. E-Commerce 1. It was the plaintiffs idea to include the chicken litter paragraph in the land purchase contract. APPEAL FROM THE DISTRICT COURT OF DELAWARE COUNTY, OKLAHOMA 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. 10th Circuit. Xiong had three years of school in Laos and learned to read and write Laotian. 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. 3. 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,
breached a term in the contact and requested the term's enforcement.252 The contract, drafted by Stoll, included a term . Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. Defendants Chong Lor Xiong and Mee Yang were husband and wife. CONTACT INFO: 805-758-8202; Email vgtradelaw@aol.com at 1020. Expert Answer 1st step All steps Answer only Step 1/2 Unconscionable contracts are those that are so o. 241 P.3d 301 (2010) Court of Civil Appeals of Oklahoma. He testified he understands some spoken English but can only read a "couple" written words. Unconscionability is directly related to fraud and deceit. 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. Xiongs wife Mee Yang needed an English interpreter to communicate. pronounced. 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). Ronald STOLL, Plaintiff/Appellant,v.CHONG LOR XIONG and Mee Yang, Defendants/Appellees. Xiong testified at deposition that they raised five flocks per year in their six houses. 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. 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. He contends the contract was valid and enforceable. C. HETHERINGTON, JR., Judge. Yes. Want more details on this case? 4 Xiong and Yang are husband and wife. 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. 1976 OK 33, 23, 548 P.2d at 1020. 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. 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. 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. 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.. Appeal From The District Court Of Delaware County, Oklahoma; Honorable Robert G. Haney, Trial Judge. 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. "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. COA No. 2010). 60252. Bendszus M, Nieswandt B, Stoll G. (2007) Targeting platelets in acute experimental stroke: impact of glycoprotein Ib, VI, and IIb/IIIa blockade on infarct size, functional . In 2005, defendants contractedto purchase from plaintiff Ronald Stoll as Seller, a sixty-acre parcel of real estate. 107,880. 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. They request reformation of the contract or a finding the contract is invalid. 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. 6 On January 1, 2005, Buyers contracted 2 to purchase from Stoll as Seller a sixty. v.
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." Best in class Law School Case Briefs | Facts: Spouses Chong Lor Xiong and Mee Yang (plaintiffs) are both Laotian immigrants. 1 Her deposition testimony was taken using Yer Lee, a defendant in companion Case No. The Oklahoma Legislature, at 12A O.S. They request reformation of the contract or a finding the contract is invalid. 19 An analogy exists regarding the cancellation of deeds. Court of Civil Appeals of Oklahoma,Division No. One Hundred Twenty Thousand Dollars ($130,000) [sic]. 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. 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. Get the rule of law, issues, holding and reasonings, and more case facts here: https://www.quimbee.com/cases/stoll-v-xiongThe Quimbee App features over 16,300 case briefs keyed to 223 casebooks. Buyers shall place the litter from their poultry houses in the litter shed at the end of the growing cycle. 1:09CV1284 (MAD/RFT). He testified that one house de-caking of a house like those of Buyers yields about 20 tons of litter. 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. Supreme Court of Michigan. When they came to the United States, Xiong and his wife signed a contract real estate from Stoll in Oklahoma. 1. Midfirst Bank v. Safeguard Props., LLC, Case No. make, on the one hand, and which no fair and honest man would accept on the other." 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. Globalrock Networks, Inc. v. MCI Commc'ns Servs., Inc., No. Under such circumstances, there is no assent to terms. He lived in a refugee camp in Thailand for three years. Citation is not available at this time. Stoll v. Chong Lor Xiong, 241 P.3d 301, 305 (2010) (citations omitted). 107879, and hearing was held on the motions in both cases on November 4, 2009. FACTS 4 Xiong and Yang are husband and wife. The opposing motions for summary judgment in this case and those filed in companion Case No. He contends the contract was valid and enforceable. GLOBAL LAW Contract Law in China " The movement of the progressive societies has hitherto been a movement from status to contract." Sir Henry Maine Ancient Law, Chapter 5 (1861) Introduction to Formation and Requirements of Contracts 5. Explain the facts of the case and the result. Make your practice more effective and efficient with Casetexts legal research suite. Chong Lor Xiong and Mee Yang are husband and wife. She did not then understand "when or what paperwork that we had signed with him giving him the rights to the litters.". You already receive all suggested Justia Opinion Summary Newsletters. The opposing motions for summary judgment in this case and those filed in companion Case No. All inferences and conclusions to be drawn from the evidentiary materials must be viewed in a light most favorable to Plaintiff. Stoll appealed to the Oklahoma Court of Civil Appeals. All inferences and conclusions to be drawn from the evidentiary materials must be viewed in a light most favorable to Plaintiff. whether one party is entitled to judgment as a matter of law because there are no material disputed factual questions." 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. Yang testified: I don't know if he's supposed to get the chicken litter free or not. Western District of Oklahoma 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. We agree. ", (bike or scooter) w/3 (injury or 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. 3 On review of summary judgments, the appellate court may, substitute its analysis of the record for the trial court's analysis. Plaintiffs petition claimed that defendants breached their contract with him by attempting to sell their chicken litter to someone else and asked for specific performance and a temporary injunction to prevent any sales to third-parties. This site is protected by reCAPTCHA and the Google, Oklahoma Court of Civil Appeals Decisions. 3 The de-caking process involves removal of some of the upper layer of bedding used by a flock. 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. APPEAL FROM THE DISTRICT COURT OF DELAWARE COUNTY, OKLAHOMA. Unconscionability is directly related to fraud and deceit. 7 Support alimony becomes a vested right as each payment becomes due. Stoll planned to sell or trade the litter. 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. 4 Xiong and Yang are husband and wife. Thus, the court agreed with the defendants that 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, imposed additional costs in the hundreds of thousands over a thirty-year period that both were unrelated to the land itself and exceeded the value of the land. Released for Publication by Order of the Court of Civil Appeals of Oklahoma,Division No. Xiong testified at deposition that they raised five flocks per year in their six houses. 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! Phillips Machinery Company v. LeBond, Inc., 494 F. Supp. Prior to coming to the United States, defendant Xiong, who was from Laos, became a refugee due to the Vietnam War. Would you have reached the . The Court went on to note: 17 "The question of uneonscionability is one of law for the Court to decide."
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