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. The buyers sold the litter to third parties. You can explore additional available newsletters here. 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 buyers of a chicken farm ended up in court over one such foul contract in Stoll versus Xiong.Chong Lor Xiong spoke some English. The actual price Buyers will pay under the paragraph Stoll included in the land sale contract is so gross as to shock the conscience. 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. He contends the contract was valid and enforceable. Ronald STOLL, Plaintiff/Appellant, v. CHONG LOR XIONG and Mee Yang, Defendants/Appellees. 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." 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. He claims the trial court should have recognized "the validity of the contract at issue" and granted him judgment as a matter of law. 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. Defendant did not then understand when or what paperwork they had signed with him giving him the rights to the litters. 107879, and hearing was held on the motions in both cases on November 4, 2009. 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. 2001 2-302[ 12A-2-302], has addressed uneonscionability in the context of the sale of goods under the Uniform Commercial Code. Prior to coming to the United States, defendant Xiong, who was from Laos, became a refugee due to the Vietnam War. Phillips Machinery Company v. LeBlond, Inc., 494 F.Supp. 1. Did the court act appropriately in your opinion? 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, 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. 4 Xiong and Yang are husband and wife. As the actual price that the defendants would pay under the chicken litter paragraph was so gross as to shock the conscience. Under the contract, the buyers paid Stoll two thousand dollars per acre and an additional ten thousand dollars for construction of an access road. Plaintiff appealed. 107879. Ross By and Through Ross v. City of Shawnee, 1984 OK 43, 683 P.2d 535. Brown v. Nicholson, 1997 OK 32, 5, 935 P.2d 319, 321. 1. Buyers shall place the litter from their poultry houses in the litter shed at the end of the growing cycle. The opposing motions for summary judgment in this case and those filed in companion Case No. You already receive all suggested Justia Opinion Summary Newsletters. 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. 33-The case Turner Broadcasting v. McDavid is one of my favorite cases in the textbook. 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. We just asked him to help us [sic] half of what the de-cake cost is, and he said no. Phillips Machinery Company v. LeBond, Inc., 494 F.Supp. at 1020. 6 On January 1, 2005, Buyers contracted 2 to purchase from Stoll as Seller a sixty. Brown v. Nicholson, 1997 OK 32, 5, 935 P.2d 319, 321. Like in Fickel, the actual price is so gross as to shock the conscience. Prior to coming to the United States, Xiong, who is from Laos, became a refugee due to the Vietnam War. 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.". 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. An order granting summary relief, in whole or in part, disposes solely of law questions and hence is reviewable by a de novo standard. 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." Was the chicken litter clause in the land purchase contract unconscionable? We just asked him to help us [sic] half of what the de-cake cost is, and he said no. She testified Stoll told her "that we had to understand that we had signed over the litter to him." Eddie L. Carr, Christopher D. Wolek, Oliver L. Smith, Gibbs Armstrong Borochoff Mullican & Hart, P.C., Tulsa, OK, for Plaintiff/Appellant. He lived in a refugee camp in Thailand for three years. 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. 743 N.W.2d 17 (2008) PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Delonnie Venaro SILLIVAN, Defendant-Appellant. Stoll asked the court to order specific performance on the litter provision of the contract. Brown v. Nicholson, 1997 OK 32, 5, 935 P.2d 319, 321. 6 On January 1, 2005, Buyers contracted2 to purchase from Stoll as Seller "a sixty (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." Fichei v. Webb, 1930 OK 432, 293 P. 206; Morton v. Roberts, 1923 OK 126, 213 P. 297. Melody Boeckman, No. right of "armed robbery. 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." A few years before this contract, other property in the area sold for one thousand two hundred dollars an acre. 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. The trial court found the chicken litter clause was unconscionable as a matter of law. Delacy Investments, Inc. v. Thurman & Re/Max Real Estate Guide, Inc. 693 N.W.2d 479 (2005) Detroit Institute of Arts Founders Society v. Rose. Seller shall have all rights to the litter for a period of 306 years for [sic] the date of closing. They received little or no education and could. 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.. 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. The equitable concept of unconscionability is meaningful only within the context of otherwise defined factors of onerous inequality, deception, and oppression. Afterwards, the bedding shavings are replenished for the next flock to a level set by Simmons contract. 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. 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." In 2005, defendants contractedto purchase from plaintiff Ronald Stoll as Seller, a sixty-acre parcel of real estate. 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."). 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. 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. 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. 8. Loffland Brothers Company v. Overstreet, 1988 OK 60, 15, 758 P.2d 813, 817. The purchase contract further provided that Xiong and Yang would construct a litter shed and that Stoll would be entitled to receive all chicken litter (guano?) 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. Her deposition testimony was taken using Yer Lee, a defendant in companion Case No. The de-caking process involves removal of some of the upper layer of bedding used by a flock. The basic test of unconscionability of a contract is whether under the circumstances existing at the time of making of the contract, and in light of the general commercial background and commercial need of a particular case, clauses are so one-sided as to oppress or unfairly surprise one of the parties. 13 At hearing, the trial court commented: 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. 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. Chicken litter referred to the leftover bedding and chicken manure. All inferences and conclusions to be drawn from the evidentiary materials must be viewed in a light most favorable to Plaintiff. But do courts enforce terribly unfair contracts? Opinion by WM. Afterwards, the bedding shavings are replenished for the next flock to a level set by Simmons' contract. Like in Fickel, the actual price is so gross as to shock the conscience. Explain the facts of the case and the result. 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 whether one party is entitled to judgment as a matter of law because there are no material disputed factual questions." We agree. FACTS 4 Xiong and Yang are husband and wife. 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. Stoll v. Xiong. Defendants Chong Lor Xiong and Mee Yang were husband and wife. Yang is a Hmong immigrant from Laos. The parties here provided evidence relating to their transaction. Mark D. Antinoro, Taylor, Burrage Law Firm, Claremore, OK, for Defendants/Appellees. 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. at 1020. Mark D. Antinoro, Taylor, Burrage Law Firm, Claremore, OK, for Defendants/Appellees. 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." Stoll planned to sell or trade the litter. Buyers shall place the litter from their poultry houses in the litter shed at the end of the growing cycle. The actual price Buyers will pay under the paragraph Stoll included in the land sale contract is so gross as to shock the conscience. Fickel v. Webb, 1930 OK 432, 293 P. 206; Morton v. Roberts, 1923 OK 126, 213 P. 297. 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. 1 Her deposition testimony was taken using Yer Lee, a defendant in companion Case No. 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. Neither Xiong nor Yang could read more than a couple of words. Submit your questions and get answers from a real attorney here: https://www.quimbee.com/cases/stoll-v-xiongDid we just become best friends? 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. The court affirmed the district courts judgment. The purchase price is described as "One Hundred Twenty Thousand Dollars ($130,000) [sic]. 2010). 107,879, and hearing was held on the motions in both cases on November 4, 2009. Nantz v. Nantz, 1988 OK 9, 10, 749 P.2d 1137, 1140. APPEAL FROM THE DISTRICT COURT OF DELAWARE COUNTY, OKLAHOMA. 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." He testified he understands some spoken English but can only read a "couple" written words. 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. Yang, who were husband and wife.251 Stoll argued that they had .
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