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. 107,880. We agree. The parties here provided evidence relating to their transaction. 17 "The question of unconscionability is one of law for the Court to decide." 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. Seller shall empty the litter shed completely between growing cycles so that the shed will be available for use by Buyers when needed. 330 (1895) Structural Polymer Group, Ltd. v. Zoltek Corp. 543 F.3d 987 (2008) Sullivan v. O'Connor. When they bought a chicken farm next door to Xiong's sister and her husband, seller Ronald Stoll (plaintiff) gave them a preliminary contract to review that specified a price of $2,000 per acre. Mark D. Antinoro, Taylor, Burrage Law Firm, Claremore, OK, for Defendants/Appellees. 107,879. Like in Fickel, the actual price is so gross as to shock the conscience. "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. She is a defendant in the companion case, in which she testified she did not think he would take the chicken litter "for free." "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 Court went on to note: 17 "The question of uneonscionability is one of law for the Court to decide." Subscribers are able to see the revised versions of legislation with amendments. whether one party is entitled to judgment as a matter of law because there are no material disputed factual questions." 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."). 4. We just asked him to help us [sic] half of what the de-cake cost is, and he said no. . This prior agreement lists the purchase price as $120,000 and there is no provision for a road. Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found. 3 The de-caking process involves removal of some of the upper layer of bedding used by a flock. Stoll v. Xiong 241 P.3d 301 (2010) Court of Civil Appeals of Oklahoma - Mr. and Mrs. Xiong are Laotian refugees with limited English abilities. Stoll asked the court to order specific performance on the litter provision of the contract. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. You're all set! Xiong had three years of school in Laos and learned to read and write Laotian. Stoll v. Chong Lor Xiong. VLEX uses login cookies to provide you with a better browsing experience. 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.". They received little or no education and could. The number is hand-written in this agreement and typed in the paragraph in the companion case, but both contain the same text. 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 DIGITAL LAW Electronic Contracts and Licenses 2. Neither Xiong nor Yang could read more than a couple of words. 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. However, at her own deposition, Ms. Lee was herself assisted by an interpreter. 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. 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.. The UCC Book to read! v. In 2005, defendants contractedto purchase from plaintiff Ronald Stoll as Seller, a sixty-acre parcel of real estate. September 17, 2010. Yang testified at deposition that according to Stoll's representations, the litter could be worth $25 per ton. Here, a nearly reverse situation exists in that the consideration actually to be paid under the contract far exceeds that stated. 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. 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! CASE 9.6 Stoll v. Xiong 9. 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. Yang is a Hmong immigrant from Laos. 39 N.E. right or left of "armed robbery. The Xiongs asserted that the agreement was inappropriate. 107,879, as an interpreter. 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. Court of Civil Appeals of Oklahoma,Division No. Ross By and Through Ross v. City of Shawnee, 1984 OK 43, 683 P.2d 535. The de-caking process involves removal of some of the upper layer of bedding used by a flock. 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. Seller shall have all rights to the litter for a period of 306 years for [sic] the date of closing. 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. Similar motions were filed in companion Case No. Citation is not available at this time. Eddie L. Carr, Christopher D. Wolek, Oliver L. Smith, Gibbs Armstrong Borochoff Mullican Hart, P.C., Tulsa, OK, for Plaintiff/Appellant. 7 Support alimony becomes a vested right as each payment becomes due. Was the chicken litter clause in the land purchase contract unconscionable? Fickel v. Webb, 1930 OK 432, 293 P. 206; Morton v. Roberts, 1923 OK 126, 213 P. 297. The buyers sold the litter to third parties. Yang is a Hmong immigrant from Laos. 2nd Circuit. 4 Xiong and Yang are husband and wife. . He testified that one house de-caking of a house like those of Buyers yields about 20 tons of litter. Facts. Sed eu magna efficitur, luctus lorem ut, tincidunt arcu. 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. Did the court act appropriately in your opinion? 9. An order granting summary relief, in whole or in part, disposes solely of law questions and hence is reviewable by a de novo standard. An order granting summary relief, in whole or in part, disposes solely of law questions and hence is reviewable by a de novo standard. 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. Integer semper venenatis felis lacinia malesuada. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 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. Elements: 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. . 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." 107880. 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. Yang testified: I don't know if he's supposed to get the chicken litter free or not. She testified Stoll told her "that we had to understand that we had signed over the litter to him." 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 . 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. 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. armed robbery w/5 gun, "gun" occurs to
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