- Petitioner
- Jose Florendo
- Respondent
- Eustaquio P. Foz
- Citation
- G.R. No. 6565
- Court
- Supreme Court En Banc
- Division
- En Banc
- Ponente
- Arellano, C.J.
- Decided
- October 24, 1911
Summary
This 1911 Supreme Court case involved a contract dispute over the sale of real property. Defendant Foz sold his house and lot to plaintiff Florendo for P6,000 through a notarized contract, receiving P2,000 down payment. When Florendo tendered the P4,000 balance, Foz refused, claiming deception and that the true agreed price was P10,000. The Supreme Court affirmed the lower court's judgment for specific performance, finding no evidence of deception or an alternative P10,000 contract. Applying Civil Code Article 1466, the Court held that since a payment period was fixed, the vendor must deliver the property regardless of payment timing. The case established that execution of a public sale instrument constitutes formal delivery, requiring only material delivery for contract completion.