- Petitioner
- Behn
- Respondent
- Teodoro R. Yangco
- Citation
- G.R. No. 13203
- Court
- Supreme Court En Banc
- Division
- En Banc
- Ponente
- Malcolm, J.
- Decided
- September 18, 1918
Summary
This 1918 Supreme Court case involved a breach of contract claim by Behn, Meyer & Co. against Teodoro R. Yangco for the sale of caustic soda. The contract specified 80 drums of caustic soda 'Carabao' brand to be shipped in March 1916 and delivered c.i.f. Manila. The goods were shipped late in April, and when the vessel was detained at Penang with most cargo confiscated, only 9 drums arrived. The defendant refused delivery and alternative offers. The Supreme Court affirmed the trial court's dismissal, ruling that the plaintiff failed to perform essential contractual conditions precedent - delivering the specific branded goods as contracted, timely March shipment, and proper delivery at Manila. Under Civil Code Article 1451, the vendee was entitled to rescind the contract due to the seller's material breach, relieving defendant of liability.