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Defendant-Appellant.: JOSE B. ESCUETA, Plaintiff-Appellee, v. AQUILINO PANDO, (Adm. Case No. 174. March 12, 1946.)

Plaintiff purchased three lots from defendant payable in installments over 10 years. Plaintiff claims he is entitled to a credit of P787.89 paid by his wife toward the purchase price of another lot from defendant. The issue is whether defendant alone could resolve or annul their agreement without judicial intervention. The court held no, that while a right to resolve obligations exists if one party fails to comply, this right must be invoked through the courts, which will decree resolution unless grounds exist to allow a term for performance of the obligation.

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60 views

Defendant-Appellant.: JOSE B. ESCUETA, Plaintiff-Appellee, v. AQUILINO PANDO, (Adm. Case No. 174. March 12, 1946.)

Plaintiff purchased three lots from defendant payable in installments over 10 years. Plaintiff claims he is entitled to a credit of P787.89 paid by his wife toward the purchase price of another lot from defendant. The issue is whether defendant alone could resolve or annul their agreement without judicial intervention. The court held no, that while a right to resolve obligations exists if one party fails to comply, this right must be invoked through the courts, which will decree resolution unless grounds exist to allow a term for performance of the obligation.

Uploaded by

Kat Jolejole
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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JOSE B. ESCUETA, Plaintiff-Appellee, v.

AQUILINO PANDO,
Defendant-Appellant.
[Adm. Case No. 174. March 12, 1946.]
Facts:
Plaintiff purchased from the defendant three lots of subdivision payable in
installment for 10 years. The plaintiff claims that he is entitled to recover
from the defendant the sum of P787.89 which his wife had paid on account of
the purchase price of certain lots and which defendant subsequently agreed
to credit to the plaintiff as part of the purchase price another lot to be chosen
and bought by the plaintiff from the defendant.
Issue:
Could defendant, by himself alone and without judicial intervention, resolve
or annul the agreement?
Held:
No. Under the article 1124 of the Civil Code the right to resolve reciprocal
obligations, in case one of the obligors shall fail to comply with that is
incumbent upon him, is deemed to be implied. But that right must be
invoked judicially; for the same article also provides: "The court shall decree
the resolution demanded, unless there should be grounds which justify the
allowance of a term for the performance of the obligation."

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