Petitioner
The Government of the Philippine Islands
Respondent
J. O. Wagner
Citation
G.R. No. 30641
Court
Supreme Court En Banc
Division
En Banc
Ponente
Malcolm, J.
Decided
December 18, 1929

Summary

This Supreme Court case involved a dispute over the refund amount required for rescission of a Government land sale contract and a jurisdictional challenge. The Government sought to rescind the sale of lot 29-F in Baguio townsite to the Wagners and Murphy. Following a 1927 Supreme Court remand, the trial court determined refund requirements under Civil Code Article 1295. The Supreme Court modified the refund from P2,160.60 to P4,000, considering all expenses and lost interest. The Court also rejected a jurisdictional challenge, ruling that Murphy's comprehensive 1917 power of attorney validly authorized him to accept service and represent the absent Wagner parties, despite a 1928 cablegram claiming revocation. The decision established principles for contract rescission calculations and power of attorney validity in legal proceedings.

Statutes applied

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By the Intellegal Editorial Board · December 18, 1929

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