Civil Law,  Legally Yours

Dela Cruz v. Legaspi

Dela Cruz v. Legaspi

G.R. No. L-8024; November 29, 1955


Dela Cruz and Legaspi entered into a Contract of Sale. It was stipulated that Dela Cruz, as the buyer, should pay Legaspi an amount after execution of deed of sale but he failed to pay. Legaspi then asked for the nullification of the contract on the ground of lack of consideration. The trial court rendered a judgment ordering Dela Cruz to pay the amount and the seller to accept the amount.


Whether or not  the trial court was correct in allowing the buyer in default to still pay the amount


YES. Even if the contract of sale herein question had expressly provided for “automatic rescission upon failure to pay the price,” the trial judge could allow plaintiff to enforce the contract, as the judgment does in effect, because defendants had not made a previous demand on him, by suit or notarial act.

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