- Petitioner
- Jesus Azcona
- Respondent
- Pacific Commercial Company
- Citation
- G.R. No. 45608
- Court
- Supreme Court
- Division
- Second Division
- Ponente
- Diaz, J.
- Decided
- May 27, 1939
Summary
Dr. Jesus Azcona sued Pacific Commercial Company for rescission of a sale contract for a defective Fricke-Glasser X-Ray Dosimeter machine and refund of P658.37 paid. After two defective machines were returned, the third machine was delivered January 1933 but functioned only briefly. Despite the malfunction, Azcona executed a promissory note and made payments for two years before filing suit. The Supreme Court affirmed the trial court's dismissal of the complaint and grant of defendant's counterclaim for P786.68 plus interest and attorney's fees. The Court held that Azcona, as an expert who knew the machine's specifications and formally accepted delivery, could not rescind the consummated sale under the Code of Commerce provisions, distinguishing it from conditional sales or purchases subject to examination.