- Petitioner
- Nicanor Jacinto
- Respondent
- Frank W. Carpenter
- Citation
- G.R. No. 21422
- Court
- Supreme Court
- Division
- Second Division
- Ponente
- Villamor, J.
- Decided
- December 12, 1923
Summary
This case involves a breach of contract dispute over the sale of 33 lots in Hacienda Tala. Defendant Frank Carpenter failed to pay the required P10,000 installment due February 28, 1923, under a P50,000 land sale contract with plaintiff Nicanor Jacinto. The Supreme Court affirmed the lower court's judgment ordering payment of P7,764.77 with interest, rejecting defendant's argument that he could unilaterally elect to surrender the land instead of paying. The Court held that under Article 1124 of the Civil Code, only the injured party (plaintiff) has the right to choose between enforcement or rescission when the other party breaches. This decision clarifies the application of remedies for breach of contract in real property sales under Philippine civil law.