Pedro Roman v. Andres Grimalt

Summary

Pedro Roman sued Andres Grimalt for the purchase price of schooner Santa Marina after the vessel sunk during negotiations. The parties had agreed on a 1,500 peso purchase price payable in installments, but the sale was conditional upon proper title papers. Roman's title was defective as the vessel was registered under another person's name, and he failed to perfect his ownership despite promises to do so. The vessel sunk on June 25, 1904, before the contract was completed. The Supreme Court affirmed the lower court's dismissal, ruling that no contract of sale was perfected under Civil Code Article 1450, and therefore the loss must be borne by the owner (Roman) rather than the intended purchaser. The case establishes that risk of loss remains with the owner until a valid contract of sale is perfected with proper title documentation.