Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 1

Repide vs.

Afzelius
Facts:
Fransisco Repide is the owner of a parcel of land with an area
of 2,695.10 square meters; Repide and Ivar Afzelius entered into a
contract of sale, Afzelius promising to buy the land.however, when the
deed of sale was to be executed Afzelius sent a letter to Repide
informing Repide that he could no longer buy the land for his business
has failed and he has no money to pay for the land. Thus, Repide filed
an action for specific performance.
Issue:
Can Repide compel Afzelius to buy the land?
Held:
Yes. Article 1451(Old Civil Code) provides that, "A promise to sell
or buy, when there is an agreement as to the thing and the price,
entitles the contracting parties reciprocally to demand the fulfillment of
the contract." The doctrine of mutuality was enunciated in this case
wherein if there was a valid contract the vendee can compel the
vendor to sell the thing which is the object of the contract, and,
likewise, the vendor can compel the vendee to buy the thing which is
the object of the contract

You might also like