Scribd Logo
Upload

Welcome to Scribd!

  • 31 views

    University of The Philippines College of Law: CPE, 1-D

    Uploaded by

    Maribel Nicole Lopez
    1. The case involved a contract between Gonzales and Yu Tek Co where Gonzales agreed to deliver 600 piculs of sugar within 3 months in exchange for 3,000 php. However, Gonzales did not deliver any sugar. 2. The Supreme Court ruled that there was no perfected sale since the sugar was not physically segregated or specifically identified, making it a mere executory agreement rather than a sale. 3. Yu Tek was entitled to recover the 3,000 php advance payment since Gonzales defaulted on the agreement, but not entitled to the 1,200 php indemnity since there was no perfected sale. The judgment was modified accordingly.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    University of The Philippines College of Law: CPE, 1-D

    Uploaded by

    Maribel Nicole Lopez
    31 views2 pages
    1. The case involved a contract between Gonzales and Yu Tek Co where Gonzales agreed to deliver 600 piculs of sugar within 3 months in exchange for 3,000 php. However, Gonzales did not deliver any sugar. 2. The Supreme Court ruled that there was no perfected sale since the sugar was not physically segregated or specifically identified, making it a mere executory agreement rather than a sale. 3. Yu Tek was entitled to recover the 3,000 php advance payment since Gonzales defaulted on the agreement, but not entitled to the 1,200 php indemnity since there was no perfected sale. The judgment was modified accordingly.

    Original Description:

    y

    Original Title

    yt

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    1. The case involved a contract between Gonzales and Yu Tek Co where Gonzales agreed to deliver 600 piculs of sugar within 3 months in exchange for 3,000 php. However, Gonzales did not deliver any sugar. 2. The Supreme Court ruled that there was no perfected sale since the sugar was not physically segregated or specifically identified, making it a mere executory agreement rather than a sale. 3. Yu Tek was entitled to recover the 3,000 php advance payment since Gonzales defaulted on the agreement, but not entitled to the 1,200 php indemnity since there was no perfected sale. The judgment was modified accordingly.

    Copyright:

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

    University of The Philippines College of Law: CPE, 1-D

    Uploaded by

    Maribel Nicole Lopez
    1. The case involved a contract between Gonzales and Yu Tek Co where Gonzales agreed to deliver 600 piculs of sugar within 3 months in exchange for 3,000 php. However, Gonzales did not deliver any sugar. 2. The Supreme Court ruled that there was no perfected sale since the sugar was not physically segregated or specifically identified, making it a mere executory agreement rather than a sale. 3. Yu Tek was entitled to recover the 3,000 php advance payment since Gonzales defaulted on the agreement, but not entitled to the 1,200 php indemnity since there was no perfected sale. The judgment was modified accordingly.

    Copyright:

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

    University of the Philippines College of Law

    CPE, 1-D

    Topic Particular kind – Generic Things


    Case No. G.R. No. L-9935; February 1, 1915
    Case Name YU TEK and CO vs BASILIO GONZALES
    Ponente Trent, j.

    RELEVANT FACTS

    Contract between Gonzales and Yu Tek Co:

    1. Gonzales received 3,000 php as consideration for the delivery of 600 piculs of sugar, first
    and second grade, within a period of three months at any place within the municipality of
    Sta. Rosa which Yu Tek may designate.

    2. Non-delivery within 3 months = recission of contract + return of 3,000 php + 1,200 php as
    indeminity for loss and damages
    No sugar delivered to Yu Tek nor was it able to recover the 3,000 php.

    ISSUE AND RATIO DECIDENDI

    Issue Ratio

    (1) Whether there is a 1. No


    perfected sale
    There is a perfected sale with regard to the “thing” whenever the article of
    sale has been physically segregated from all other articles.

    In this case, there was no segregation of the object of the contract. If called
    upon to designate the article sold, it is clear that the defendant could only say
    that it was “sugar.”; He could only use this generic name for the thing sold.
    There was no “appropriation” of any particular lot of sugar. Neither
    party could point to any specific quantity of sugar and say: ”This is the article
    which was the subject of our contract”
    The contract in the case at bar was merely an executory agreement; a
    promise of sale and not a sale.

    As there was no perfected sale, it is clear that article 1262 is not applicable.
    Gonzales having defaulted in his engagement, Yu Tek is entitled to recover
    the 3,000 php which it advanced to the defendant.

    RULING

    For the foregoing reasons the judgment appealed from is modified by allowing the recovery of P1,200 under
    paragraph 4 of the contract. As thus modified, the judgment appealed from is affirmed, without costs in this
    instance.
    University of the Philippines College of Law
    CPE, 1-D

    SEPARATE OPINIONS

    None

    NOTES

    Doctrine:
    There is a perfected sale with regard to the “thing” whenever the article of sale has been physically segregated
    from all other articles.

    Article 1246. When the obligation consists in the delivery of an indeterminate or generic thing,
    whose quality and circumstances have not been stated, the creditor cannot demand a thing of
    superior quality. Neither can the debtor deliver a thing of inferior quality. The purpose of the
    obligation and other circumstances shall be taken into consideration.

    Article 1409. The following contracts are inexistent and void from the beginning:
    (6) Those where the intention of the parties relative to the principal object of the contract cannot
    be ascertained;

    You might also like