C To c7 Case Digests
C To c7 Case Digests
FACTS: Rosendo Chavez hired Fructuoso Gonzales to fix his typewriter. The latter asked for P
6.00 to purchase missing parts and the former complied. Despite repeated reminders to fix
the typewriter, Gonzales failed to do so. He returned the typewriter in shambles, along with
the P 6.00. Chavez eventually got the typewriter repaired for P 89.85 at Freixas Business
Machines and subsequently filed a case against Gonzales. The City Court directed Gonzales
to pay the cost of the missing parts amounting to P 31.10. Chavez appealed the case on the
grounds that Gonzales ought to pay the entire amount of the repair.
ISSUE: Whether or not Gonzales must pay the entire price of the typewriter repair.
SC: YES. Art. 1167 states that If a person obliged to do something fails to do it, the same
shall be executed at his cost. This same rule shall be observed if he does it in contravention
of the tenor of the obligation. Furthermore, it may be decreed that what has been poorly
done be undone. Gonzales was contracted to fix the typewriter; however, he returned it in a
worse state. Thus, he must pay the balance of the repair amounting to P 58.75.