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. 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. CIV-17-231-D United States United States District Courts. 1. Yang is a Hmong immigrant from Laos. Stoll v. Chong Lor Xiong , 241 P.3d 301 ( 2010 Explain unconscionable contracts and the legal principle behind it. Here, a nearly reverse situation exists in that the consideration actually to be paid under the contract far exceeds that stated. 269501. Defendants Chong Lor Xiong and Mee Yang were husband and wife. whether one party is entitled to judgment as a matter of law because there are no material disputed factual questions." 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. 7 After the first growing cycle, Buyers de-caked3 their chicken houses at a cost of $900. 1 Ronald Stoll appeals a judgment finding a clause in his contract with Chong Lor Xiong and Mee Yang (collectively, Buyers) unconscionable. search results: Unidirectional search, left to right: in If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. 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. 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. She did not then understand "when or what paperwork that we had signed with him giving him the rights to the litters.". As is recognized in Restatement (Second) of Contracts, 208, Comment a, (1981): We agree such an analogy is helpful with this analysis. He contends the contract was valid and enforceable. 107,880. 107,880. Page one ends with numbered paragraph 7 and the text appears to be in mid-sentence. 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." 743 N.W.2d 17 (2008) PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Delonnie Venaro SILLIVAN, Defendant-Appellant. 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. 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 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. Opinion by Wm. He alleged Buyers. 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. His suit against Buyers was filed the next day. 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." The parties here provided evidence relating to their transaction. 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." 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. Stoll v. Xiong 241 P.3d 301 (2010) Figgie International, Inc. v. Destileria Serralles, Inc. 190 F.3d 252 (4th Cir. 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.. Under such circumstances, there is no assent to terms. He contends the contract was valid and enforceable. 1971 1-101[ 14A-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." 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." ", Bidirectional search: in armed robbery 241 P.3d 301 (2010) Court of Civil Appeals of Oklahoma. make, on the one hand, and which no fair and honest man would accept on the other." The purchase price is described as "One Hundred Twenty Thousand Dollars ($130,000) [sic]. Please check back later. The first paragraph on the next page is numbered 10, and paragraph numbering is consecutive through the third page, which contains the parties' signatures. Ut ultricies suscipit justo in bibendum. 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. Subscribers are able to see any amendments made to the case. Uneonscionability is directly related to fraud and deceit. Sign up for our free summaries and get the latest delivered directly to you. Quimbee has over 16,300 case briefs (and counting) keyed to 223 casebooks. Court of Civil Appeals of Oklahoma,Division No. You can explore additional available newsletters here. 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 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." He lived in a refugee camp in Thailand for three years. 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.". View the full answer Step 2/2 September 17, 2010. 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. 3 On review of summary judgments, 27 Citing Cases From Casetext: Smarter Legal Research Loffland Bros. Co. v. Overstreet Download PDF Check Treatment Red flags, copy-with-cite, case summaries, annotated statutes and more. Stoll v. Chong Lor Xiong, 241 P.3d 301, 305 (2010) (citations omitted). pronounced. 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." View Case Cited Cases Citing Case Cited Cases Similar motions were filed in companion Case No. 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." Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. Compare with Westlaw Opinion No. 1976 OK 33, 23, 548 P.2d at 1020. In 2005, defendants contractedto purchase from plaintiff Ronald Stoll as Seller, a sixty-acre parcel of real estate. Use this button to switch between dark and light mode. Elements: 39 N.E. 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. APPEAL FROM THE DISTRICT COURT OF DELAWARE COUNTY, OKLAHOMA. He testified he understands some spoken English but can only read a couple written words. 60252. Melody Boeckman, No. 1 Ronald Stoll appeals a judgment finding a clause in his contract with Chong Lor Xiong and Mee Yang (collectively, Buyers) unconscionable. 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 . 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. Subscribers are able to see a list of all the cited cases and legislation of a document. 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." 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. 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. Stoll v. Xiong. Xiong had three years of school in Laos and learned to read and write Laotian . 107,879, as an interpreter. Heres how to get more nuanced and relevant Section 2-302 provides: (1) If the court as a matter of law finds the contract or any clause of the contract to have been unconscionable at the time it was made the court may refuse to enforce the contract, or it may enforce the remainder of the contract without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result. Xiong testified at deposition that they raised five flocks per year in their six houses. Prior to coming to the United States, Xiong, who is from Laos, became a refugee due to the Vietnam War. The Court went on to note: 17 "The question of uneonscionability is one of law for the Court to decide." 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. He lived in a refugee camp in Thailand for three years. Unconscionability is directly related to fraud and deceit. Similar motions were filed in companion Case No. He testified that one house de-caking of a house like those of Buyers yields about 20 tons of litter. 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. All inferences and conclusions to be drawn from the evidentiary materials must be viewed in a light most favorable to Plaintiff. 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. Her deposition testimony to that effect was included as an exhibit to Stoll's response to Buyers' motion for summary judgment. Supreme Court of Michigan. "The question of unconscionability is one of law for the Court to decide." He lived in a refugee camp in Thailand for three years. Appeal From The District Court Of Delaware County, Oklahoma; Honorable Robert G. Haney, Trial Judge. 2nd Circuit. Don't Miss Important Points of Law with BARBRI Outlines (Login Required). Unconscionability is directly related to fraud and deceit. The opposing motions for summary judgment in this case and those filed in companion Case No.
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