Civil Law,  Legally Yours

Alfonso v. Court of Appeals

Alfonso v. Court of Appeals

G.R. No. L-63745; June 8, 1990

FACTS:

Chanco, the seller, and Alfonso, the buyer, entered into a contract to sell where it stipulates that Alfonso should pay the price within a week and failure to do so will ipso facto allow Chanco to terminate the contract and sell the land to another. Alfonso failed to pay within the period and as a consequence, Chanco sold the land to another. Alfonso tendered the payment and posits that Chanco should accept it because payment was made before there was a notice of rescission.

ISSUE:

Whether or not the contention of Alfonso is tenable

HELD:

Article 1592 does not apply to a Contract to Sell. Hence, Chanco cannot be compelled to accept the payment of Chanco.

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