Petitioner
Eusebio S. Millar
Respondent
Doroteo Nadres
Citation
G.R. No. 48679
Court
Supreme Court
Division
First Division
Ponente
Moran, J.
Decided
August 11, 1943

Summary

This case involves property redemption rights following a judicial sale. After Millar obtained a judgment against Nadres, the latter's property was sold at public auction to satisfy the debt. Despite Nadres' failure to redeem within the statutory period, Millar granted him options to repurchase, first until December 31, 1934, then until April 30, 1938. Nadres made partial payments totaling P400 but failed to complete the repurchase. The Supreme Court affirmed that the option was properly forfeited, rejecting Nadres' argument that acceptance of partial payments created an implied indefinite extension. The Court emphasized that such extension lacked consideration and was merely a revocable period of grace. The decision clarifies the distinction between consideration for granting an option versus exercising it, and reinforces that definite contractual deadlines cannot be unilaterally extended through implication without proper consideration.

Statutes applied

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By the Intellegal Editorial Board · August 11, 1943

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