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  • Case 6

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    Santiago sold Bermejo 500 sacks of rice at $1,000 per sack, stored in Santiago's warehouse. However, the warehouse only contained 480 sacks of rice, unknown to the parties. The contract is still valid for the entire 500 sacks under Philippine law, as future things with potential existence can be sold, even if not existing at the time. Santiago must deliver the remaining 20 sacks to fulfill the contract.

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    Santiago sold Bermejo 500 sacks of rice at $1,000 per sack, stored in Santiago's warehouse. However, the warehouse only contained 480 sacks of rice, unknown to the parties. The contract is still valid for the entire 500 sacks under Philippine law, as future things with potential existence can be sold, even if not existing at the time. Santiago must deliver the remaining 20 sacks to fulfill the contract.

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    Case 6

    Uploaded by

    exquisite
    Santiago sold Bermejo 500 sacks of rice at $1,000 per sack, stored in Santiago's warehouse. However, the warehouse only contained 480 sacks of rice, unknown to the parties. The contract is still valid for the entire 500 sacks under Philippine law, as future things with potential existence can be sold, even if not existing at the time. Santiago must deliver the remaining 20 sacks to fulfill the contract.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
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    Case 6

    Santiago sells to Bermejo 500 sacks of rice at P1,000 per sack from the stock then
    stored in the warehouse of Santiago. Unknown to the parties, the warehouse contains
    only 480 sacks of rice. What is the status of the contract between Santiago and
    Bermejo?
    ANSWER:
    The entire sale is valid up to 500 sacks of rice. Even a future thing (Article 1461) not
    existing at the time the contract is entered into, may be the object of sale provided it has
    a potential existence and the title will vest in the buyer the moment the things comes
    into existence. Here, Bermejo becomes the owner of the whole stock available and
    Santiago must deliver the deficiency of 20 sacks of rice. Thus, the entire sale is still
    considered valid.

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