The Supreme Court affirmed the Court of Appeals' decision awarding a bag of rice to the defendant. While a contract for sale was agreed upon, ownership was not transmitted because the rice was never delivered nor was the price paid. The evidence did not clearly identify who tried to purchase the rice from the defendant or who later sold it to the plaintiff.
The Supreme Court affirmed the Court of Appeals' decision awarding a bag of rice to the defendant. While a contract for sale was agreed upon, ownership was not transmitted because the rice was never delivered nor was the price paid. The evidence did not clearly identify who tried to purchase the rice from the defendant or who later sold it to the plaintiff.
The Supreme Court affirmed the Court of Appeals' decision awarding a bag of rice to the defendant. While a contract for sale was agreed upon, ownership was not transmitted because the rice was never delivered nor was the price paid. The evidence did not clearly identify who tried to purchase the rice from the defendant or who later sold it to the plaintiff.
AUTHOR: CHA NOTES: Super short nung case as in or 1 page lang..
TOPIC: Sale in Merchants Store, Market or Fair
PONENTE: Paras FACTS: - Herein case is an appeal by certiorari from the decision of the CA reversing the judgment of the CFI of Pampanga and awarding the rice in question to the defendant. ISSUE: WON CA erred in awarding rice to the defendant? HELD: NO. Court affirmed CA. RATIO: - The appealed decision is correct, first, because the evidence does not clearly show the identity of the person who tried to buy the rice from the respondent, and neither does it show that the same person was the one who sold the commodity to Ramon Masiclat; and, second, although a contract of sale is perfected upon the parties having agreed as to the thing which is the subject matter of the contract and the price, ownership is not considered transmitted until the property is actually delivered and the purchaser has taken possession thereof and has paid the price agreed upon. CASE LAW/ DOCTRINE: DISSENTING/CONCURRING OPINION(S):