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. Buyers responded, arguing their illiteracy forced them to rely upon representations made to them and the interpreter available to them, Xiong's sister, explained the land purchase price but did not herself understand the meaning of the chicken litter paragraph.8. 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 Melody Boeckman, No. 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. The buyers relied on a relative to interpret for them. She testified Stoll told her "that we had to understand that we had signed over the litter to him." Xiong had three years of school in Laos and learned to read and write Laotian . 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. Their poor English leads them to oversee a provision in the contract stating that they are to also deliver to Stoll (seller) for 30 years the litter from chicken houses that the Buyers had on the property so that Stoll can sell the litter. 107,880. Her deposition testimony was taken using Yer Lee, a defendant 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." Appeal From The District Court Of Delaware County, Oklahoma; Honorable Robert G. Haney, Trial Judge. 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. 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. The parties here provided evidence relating to their transaction. You can explore additional available newsletters here. 17 "The question of unconscionability is one of law for the Court to decide." right or left of "armed robbery. He lived in a refugee camp in Thailand for three years. Fichei v. Webb, 1930 OK 432, 293 P. 206; Morton v. Roberts, 1923 OK 126, 213 P. 297. 1. 8. Here, a nearly reverse situation exists in that the consideration actually to be paid under the contract far exceeds that stated. 330 (1895) Structural Polymer Group, Ltd. v. Zoltek Corp. 543 F.3d 987 (2008) Sullivan v. O'Connor. 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. The Xiong's purchased land for 130,000. They request reformation of the contract or a finding the contract is invalid. 743 N.W.2d 17 (2008) PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Delonnie Venaro SILLIVAN, Defendant-Appellant. He testified that one house de-caking of a house like those of Buyers yields about 20 tons of litter. The buyers raised several defenses and counterclaims. Use this button to switch between dark and light mode. Unconscionability is directly related to fraud and deceit. 4 Xiong and Yang are husband and wife. 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. 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 man would accept on the other. 5. Was the chicken litter clause in the land purchase contract unconscionable? 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. Court of appeals finds Stoll's 30 year clause unconscionable. APPEAL FROM THE DISTRICT COURT OF DELAWARE COUNTY, OKLAHOMA. 1. 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.
PDF Syllabus Southern California Institute of Law Course: Contracts Ii 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. COA No. At hearing on the motions for summary judgment, Stoll argued the contract was not unconscionable and it was simply a matter of buyer's remorse. 9. Mark D. Antinoro, TAYLOR, BURRAGE LAW FIRM, Claremore, Oklahoma, for Defendants/Appellees. Subscribers are able to see the revised versions of legislation with amendments. 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. 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. 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. 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. Yang didnt understand that signing the contract meant Stoll received the right to the litter.
Stoll v. Xiong | A.I. Enhanced | Case Brief for Law Students They request reformation of the contract or a finding the contract is invalid. OFFICE HOURS: By appointment only and before/after class (limited). The first paragraph on the next page is numbered 10, and paragraph numbering is consecutive through the third page, which contains the parties' signatures. 106, United States State Court of Criminal Appeals of Oklahoma. All inferences and conclusions to be drawn from the evidentiary materials must be viewed in a light most favorable to Plaintiff. All inferences and conclusions to be drawn from the evidentiary materials must be viewed in a light most favorable to Plaintiff. Subscribers are able to see a list of all the cited cases and legislation of a document. Stoll v. Xiong. 4 Xiong and Yang are husband and wife. Yang testified: I don't know if he's supposed to get the chicken litter free or not. 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. 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. Explain the facts of the case and the result. ", Bidirectional search: in armed robbery Did the court act appropriately in your opinion? As the Oklahoma Court of Civil Appeals once noted, "[a]n unconscionable contract is one which no person in, The question of unconscionability is one of law for the Court to decide. Stoll v. Chong Lor Xiong, 241 P.3d, Full title:Ronald STOLL, Plaintiff/Appellant, v. CHONG LOR XIONG and Mee Yang. 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. Heres how to get more nuanced and relevant 60252. 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. 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. Prior to coming to the United States, Xiong, who is from Laos, became a refugee due to the Vietnam War. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. 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. Carmichael v. Beller, 1996 OK 48, 2, 914 P.2d 1051, 1053. It has many times been used either by analogy or because it was felt to embody a generally accepted social attitude of fairness going beyond its statutory application to sales of goods. FACTS 4 Xiong and Yang are husband and wife. 19 An analogy exists regarding the cancellation of deeds. 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. 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. 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. 107,880. 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. 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."). 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?) "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." We agree. She is a defendant in the companion case, in which she testified she did not think he would take the chicken litter "for free." Perry v. Green, 1970 OK 70, 468 P.2d 483. Factual descriptions are somewhat confusing in some of parts of Stoll's motion due to a reliance upon his deposition taken in Stoll v. Lee, companion Case No. 7 Support alimony becomes a vested right as each payment becomes due. 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, 241 P.3d 301, 305 (2010) (citations omitted). Xiong had three years of school in Laos and learned to read and write Laotian.
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