- Petitioner
- The Bachrach Motor Co.
- Respondent
- Faustino Espiritu
- Citation
- G.R. No. 28497
- Court
- Supreme Court En Banc
- Division
- En Banc
- Ponente
- Avanceña, C.J.
- Decided
- November 6, 1928
Summary
Commercial dispute involving truck purchase contracts with mortgage security. Bachrach Motor Co. sued Faustino Espiritu for unpaid balances on truck purchases totaling over P14,000. Key issues included whether trucks owned by brother Rosario were properly mortgaged and validity of penalty provisions. Supreme Court found that both brothers consented to mortgage all trucks and signed promissory notes solidarily, rejecting claims of unauthorized inclusion and forged signatures through careful evidence analysis. While upholding the contract's penalty provision as non-usurious under Civil Code principles, the Court exercised discretionary power to reduce the 25% penalty to 10% considering partial performance, demonstrating judicial equity in commercial enforcement while maintaining contractual sanctity.