stoll v xiongrick roll emoji copy and paste

Loffland Brothers Company v. Overstreet, 1988 OK 60, 15, 758 P.2d 813, 817. 107879, and hearing was held on the motions in both cases on November 4, 2009. Ross By and Through Ross v. City of Shawnee, 1984 OK 43, 683 P.2d 535. Like in Fickel, the actual price is so gross as to shock the conscience. 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?) Phillips Machinery Company v. LeBlond, Inc., 494 F.Supp. 134961. 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." Unconscionability is directly related to fraud and deceit. Stoll v. Chong Lor Xiong | Case Brief for Law School | LexisNexis He testified that one house de-caking of a house like those of Buyers yields about 20 tons of litter. The equitable concept of unconscionability is meaningful only within the context of otherwise defined factors of onerous inequality, deception, and oppression. business law-chapter 5 Flashcards | Quizlet right of "armed robbery. 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. 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. 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. Ronald STOLL, Plaintiff/Appellant, v. CHONG LOR XIONG and Mee Yang, Defendants/Appellees. Here, a nearly reverse situation exists in that the consideration actually to be paid under the contract far exceeds that stated. Did the court act appropriately in your opinion? United States District Courts. 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." 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.". Best in class Law School Case Briefs | Facts: Spouses Chong Lor Xiong and Mee Yang (plaintiffs) are both Laotian immigrants. Xiong had three years of school in Laos and learned to read and write Laotian. Evoking Anticipated Guilt: Stoll (2010) - Guilt-Free Markets This site is protected by reCAPTCHA and the Google, Oklahoma Court of Civil Appeals Decisions. to the other party.Id. STOLL v. CHONG LOR XIONG | Cited Cases - Leagle The actual price Buyers will pay under the paragraph Stoll included in the land sale contract is so gross as to shock the conscience. She is a defendant in the companion case, in which she testified she did not think he would take the chicken litter "for free." Prior to coming to the United States, Xiong, who is from Laos, became a refugee due to the Vietnam War. We agree. 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.. Eddie L. Carr, Christopher D. Wolek, Oliver L. Smith, GIBBS ARMSTRONG BOROCHOFF MULLICAN & HART, P.C., Tulsa, Oklahoma, for Plaintiff/Appellant, Carmichael v. Beller, 1996 OK 48, 2, 914 P.2d 1051, 1053. 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. The buyers raised several defenses and counterclaims. The Court went on to note: The equitable concept of unconscionability is meaningful only within the context of otherwise defined factors of onerous inequality, deception and oppression. 1 Her deposition testimony was taken using Yer Lee, a defendant in companion Case No. 13 At hearing, the trial court commented: I've read this and reread this and reread this. Prior to coming to the United States, Xiong, who is from Laos, became a refugee due to the Vietnam War. Get more case briefs explained with Quimbee. Brown v. Nicholson, 1997 OK 32, 5, 935 P.2d 319, 321. The actual price Buyers will pay under the paragraph Stoll included in the land sale contract is so gross as to shock the conscience. Private DEMYSTIFYING PUBLISHING CONTRACTS 6 Key Clauses Found in Commercial Contracts 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. Ronald STOLL, Plaintiff/Appellant,v.CHONG LOR XIONG and Mee Yang, Defendants/Appellees. Stoll v. Xiong | A.I. Enhanced | Case Brief for Law Students Appeal From The District Court Of Delaware County, Oklahoma; Honorable Robert G. Haney, Trial Judge. 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. The Court went on to note: 17 "The question of uneonscionability is one of law for the Court to decide." 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. Fickel v. Webb, 1930 OK 432, 293 P. 206; Morton v. Roberts, 1923 OK 126, 213 P. 297. 2. 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. 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. As is recognized in Restatement (Second) of Contracts, 208, Comment a, (1981): We agree such an analogy is helpful with this analysis. His access to chicken litter was denied in that case in late 2008. Seller shall empty the litter shed completely between growing cycles so that the shed will be available for use by Buyers when needed. Use this button to switch between dark and light mode. Unit 2 case summaries.pdf - Ramirez 1 Joseph Ramirez Mr. Xiong had three years of school in Laos and learned to read and write Laotian. He testified he understands some spoken English but can only read a "couple" written words. He contends the contract was valid and enforceable. The Oklahoma Legislature, at 12A O.S. 107880. 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. 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. Stoll v. Xiong " 16 In Barnes v. Helfenbein, 1976 OK 33, 548 P.2d 1014, the Court, analyzing the equitable concept of 44 Citing Cases From Casetext: Smarter Legal Research Barnes v. Helfenbein Supreme Court of Oklahoma Mar 16, 1976 1976 OK 33 (Okla. 1976)Copy Citations Download PDF Check Treatment Summary 2nd Circuit. 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. OFFICE HOURS: By appointment only and before/after class (limited). Would you have reached the . The parties here provided evidence relating to their transaction. We just asked him to help us [sic] half of what the de-cake cost is, and he said no. 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, An order granting summary relief, in whole or in part, disposes solely of law questions and hence is reviewable by a. And to be real honest with you, I can't think of one. They request reformation of the contract or a finding the contract is invalid. 1:09CV1284 (MAD/RFT). 2010). They received little or no education and could. https://www.quimbee.com/case-briefs-overview Have Questions about this Case? Set out the facts of the Stoll v. Xiong case. 60252. 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. Melody Boeckman, No. letters. Opinion by WM. 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. Plaintiff appealed. Stoll v. Xiong, 241 P.3d 301 (2010) Court of Civil Appeals of Oklahoma Mr. and Mrs. Xiong are is a Laotian refugees with limited English abilities. 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. COA No. 4 Xiong and Yang are husband and wife. His access to chicken litter was denied in that case in late 2008. Stoll claimed his work to level and clear the land justified the higher price.This contract also entitled Stoll to the chicken litter generated on the farm for the next thirty years. 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. 9. He testified he understands some spoken English but can only read a "couple" written words. 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. 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. CIV-17-231-D, GlobalRock Networks, Inc. v. MCI Commc'ns Servs., Inc., 1:09-CV-1284 (MAD/RFT), In re The MARRIAGE OF BOECKMAN. 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. Yang is a Hmong immigrant from Laos. Contracts or Property IRAC Case Brief - SweetStudy He lived in a refugee camp in Thailand for three years. armed robbery w/5 gun, "gun" occurs to Cases and Materials on Contracts - Quimbee 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. This prior agreement lists the purchase price as $120,000 and there is no provision for a road. 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. C. HETHERINGTON, JR., Judge. 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." However, at her own deposition, Ms. Lee was herself assisted by an interpreter. "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." Don't Miss Important Points of Law with BARBRI Outlines (Login Required). All inferences and conclusions to be drawn from the evidentiary materials must be viewed in a light most favorable to Plaintiff. 107,880. Stoll appealed to the Oklahoma Court of Civil Appeals. Elements: Stoll v. Xiong Download PDF Check Treatment Red flags, copy-with-cite, case summaries, annotated statutes and more. Brown v. Nicholson, 1997 OK 32, 5, 935 P.2d 319, 321. If this transaction closes as anticipated, Buyers shall be obligated to construct a poultry litter shed on the property with a concrete floor measuring at least 43 feet by 80 feet. 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. Citation is not available at this time. Western District of Oklahoma. 269501. Similar motions were filed in companion Case No. Stoll v. Xiong, 241 P.3d 301 | Casetext Search + Citator He contends the contract was valid and enforceable. 12 The paragraph at the center of this dispute reads: The number is hand-written in this agreement and typed in the paragraph in the companion case, but both contain the same text. Under such circumstances, there is no assent to terms. Ross By and Through Ross v. City of Shawnee, 1984 OK 43, 683 P.2d 535. Docket No. - Stoll contracted to sell the Xiong's a 60-acre parcel of land in Oklahoma for $130,000 ($2,000 per acer plus $10,000 for a road). Stoll asked the court to order specific performance on the litter provision of the contract. Yang testified: I don't know if he's supposed to get the chicken litter free or not. Afterwards, the bedding shavings are replenished for the next flock to a level set by Simmons' contract. 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 Yang testified: The de-caking process involves removal of some of the upper layer of bedding used by a flock. That judgment is AFFIRMED. 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. Perry v. Green, 1970 OK 70, 468 P.2d 483. 4. 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. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 4 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. 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. 3. 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." 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. 8. Rationale? pronounced. She testified Stoll told her that we had to understand that we had signed over the litter to him. She did not then understand when or what paperwork that we had signed with him giving him the rights to the litters.. 3. One Hundred Twenty Thousand Dollars ($130,000) [sic]. 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. 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 purchase price is described as "One Hundred Twenty Thousand Dollars ($130,000) [sic]. UNITED STATES v. XIONG (2001) | FindLaw 19 An analogy exists regarding the cancellation of deeds. All inferences and conclusions to be drawn from the evidentiary materials must be viewed in a light most favorable to Plaintiff. BLAW Ch 12 Flashcards | Quizlet Released for Publication by Order of the Court of Civil Appeals of Oklahoma,Division No. Farmers used litter to fertilize their crops. Yang, who were husband and wife.251 Stoll argued that they had . 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. Her deposition testimony to that effect was included as an exhibit to Stoll's response to Buyers' motion for summary judgment. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. The first paragraph on the next page is numbered 10, and paragraph numbering is consecutive through the third page, which contains the parties' signatures. Yang didnt understand that signing the contract meant Stoll received the right to the litter. They request reformation of the contract or a finding the contract is invalid. Stoll v. Xiong (Unconscionable contracts) Mr. and Mrs. Xiong are Laotian refugees with limited English abilities. 1. Stoll v. Chong Lor Xiong , 241 P.3d 301 ( 2010 Explain 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. search results: Unidirectional search, left to right: in Defendant testified that plaintiff told her that they had to understand that they had signed over the litter to him. Stoll v. Xiong Case Brief Summary | Law Case Explained - YouTube Get more case briefs explained with Quimbee. He contends the contract was valid and enforceable. 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." However, at her own deposition, Ms. Lee was herself assisted by an interpreter. DIGITAL LAW Electronic Contracts and Licenses 2. 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., The agreement also describes the property as a parcel which is, adjacent to the farm recently purchased by Shong Lee and Yer Xiong Lee,, 7 After the first growing cycle, Buyers de-caked. 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, No. 107 - Oklahoma - Case Law - vLex As the actual price that the defendants would pay under the chicken litter paragraph was so gross as to shock the conscience. Court of Civil Appeals of Oklahoma,Division 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," le., Xiong's sister and brother-in-law, who are the defendants in the companion case. PDF Bicar Course Selected Court Cases - Ncrec The Xiongs asserted that the agreement was inappropriate. Brown v. Nicholson, 1997 OK 32, 5, 935 P.2d 319, 321. 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. 12 The paragraph at the center of this dispute reads: 10. 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. When they came to the United States, Xiong and his wife signed a contract real estate from Stoll in Oklahoma. BLAW 235 Exam 2 Case Studies From Notes Flashcards | Quizlet UCC 2-302 Legal Meaning & Law Definition: Free Law Dictionary Yang testified: I don't know if he's supposed to get the chicken litter free or not. Legalines On Contracts 6th Keyed To Knapp - SAFS & EFFS 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. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research. Like in Fickel, the actual price is so gross as to shock the conscience. Appeal From The District Court Of Delaware County, Oklahoma; Honorable Robert G. Haney, Trial Judge. 107,879, as an interpreter. 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. 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. 17 "The question of unconscionability is one of law for the Court to decide." Xiong had three years of school in Laos and learned to read and write Laotian. Subscribers are able to see any amendments made to the case. 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.. Couple fails to deliver chicken litter and failing to perform the the 30 year provision stated in the contract. 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.

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