- Petitioner
- The Bachrach Motor Co.
- Respondent
- Pablo A. Millan
- Citation
- G.R. No. 42256
- Court
- Supreme Court En Banc
- Division
- En Banc
- Ponente
- Goddard, J.
- Decided
- April 25, 1935
Summary
This landmark 1935 Supreme Court case clarified vendor remedies in installment sales of personal property. Bachrach Motor Co. sued Pablo Millan for the unpaid balance on a car purchase after he defaulted on installment payments. The trial court dismissed the case, holding that under Article 1454-A of the Civil Code, vendors must choose between canceling the sale or foreclosing the mortgage. The Supreme Court reversed, ruling that Article 1454-A did not repeal Article 1124's provision allowing creditors to exact fulfillment of obligations. The Court held that vendors have three options: exact fulfillment, cancel the sale, or foreclose the mortgage. This decision preserved traditional contract remedies while maintaining the protective provisions of the installment sales law against chattel mortgage abuses.