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    Cornejo V Calupitan

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    apbuera
    Calupitan (R) owned land that he authorized an agent to sell to Cornejo (P). P's initial offer was accepted but he was only able to pay 65,000 out of the 70,000 earnest money agreed upon in Japanese military notes. P also proposed extending the deadline for paying the remaining balance. The court ruled that P abandoned the original agreement by modifying the terms, and R was within his rights to make a counteroffer in response, which P did not accept. As there was no finalized agreement between the terms proposed by each party, the sale was not perfected and R was not compelled to convey the land to P.

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    Cornejo V Calupitan

    Uploaded by

    apbuera
    89 views2 pages
    Calupitan (R) owned land that he authorized an agent to sell to Cornejo (P). P's initial offer was accepted but he was only able to pay 65,000 out of the 70,000 earnest money agreed upon in Japanese military notes. P also proposed extending the deadline for paying the remaining balance. The court ruled that P abandoned the original agreement by modifying the terms, and R was within his rights to make a counteroffer in response, which P did not accept. As there was no finalized agreement between the terms proposed by each party, the sale was not perfected and R was not compelled to convey the land to P.

    Original Description:

    Sales Consummation of Sale; Concept of Meeting of the Minds

    Original Title

    Cornejo v Calupitan

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    Calupitan (R) owned land that he authorized an agent to sell to Cornejo (P). P's initial offer was accepted but he was only able to pay 65,000 out of the 70,000 earnest money agreed upon in Japanese military notes. P also proposed extending the deadline for paying the remaining balance. The court ruled that P abandoned the original agreement by modifying the terms, and R was within his rights to make a counteroffer in response, which P did not accept. As there was no finalized agreement between the terms proposed by each party, the sale was not perfected and R was not compelled to convey the land to P.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    89 views2 pages

    Cornejo V Calupitan

    Uploaded by

    apbuera
    Calupitan (R) owned land that he authorized an agent to sell to Cornejo (P). P's initial offer was accepted but he was only able to pay 65,000 out of the 70,000 earnest money agreed upon in Japanese military notes. P also proposed extending the deadline for paying the remaining balance. The court ruled that P abandoned the original agreement by modifying the terms, and R was within his rights to make a counteroffer in response, which P did not accept. As there was no finalized agreement between the terms proposed by each party, the sale was not perfected and R was not compelled to convey the land to P.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    G.R. No.

    L-2342

    October 27, 1950

    Cornejo v. Calupitan
    Facts:
    Calupitan (R) owned a parcel of land in Candelaria, Tayabas who authorized
    Castaneda-Barrera Realty estate broker to sell it to Cornejo (P). R accepted
    the offer by signing his name at the foot thereof under the phrase "accepted
    by". The parties are agreed that the price of P650,000, including the earnest
    money of P70,000 was payable in Japanese military notes. P did not have the
    cash to pay the P70,000 earnest money and to complete the payment within
    the 15-day period specified in his offer and delivered only P65,000 Japanese
    war notes. The balance of P585,000 was to be made on January 25,1945. R,
    however, instead of merely affixing his signature at the foot of the offer to
    show his conformity wrote out another offer for the P65,000 earnest money
    in military notes delivered to him by Castaeda & Barrera, specifying his own
    terms as to the payment of the balance to be in Philippine currency. The
    balance was never given to R and P argued he was looking for R. R retorted
    that he didnt disclose his address since the Japanese forces were looking for
    him due to his guerrilla activities. The RTC argued that P repudiated the
    original agreement by proposing that the earnest money be reduced from
    P70,000 to 65,000 and that the period for payment of the balance of the
    purchase price be extended form the19th to the 25th of January, 1945. His
    actions were affected by the depreciating value of Japanese notes which
    were legal tender at the time.
    Issue:
    Whether there was a valid sale between P & R.
    Ruling:
    No. The court ruled that the original agreement had been abandoned and
    rendered void by P himself, and that there was no meeting of the minds of
    the parties for it was not accepted entirely by R. Consequently, the contract
    of sale of the land in question was not perfected and so R may not now be
    compelled to convey said land to P. His new proposition, a modification of the
    old one, was subject to acceptance or rejection by R who may make a
    counter proposition which he did, and unless accepted and complied with by
    P, then the deal between the two parties was off. It can be seen from the
    circumstances that R wanted to have the balance paid in genuine Philippine
    currency. R wanted to reinvest the currency in urban property but the

    approaching Battle of Manila would devalue such so investment of Japanese


    notes would make it difficult for him hence the counter proposition.

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