Yuvienco vs. Dacuycuy

FACTS:

Atty. Gamboa sent a letter to Yao King Ong stating the willingness to sell the land to latter. Yao King Ong replied by telegram with the following words “we agree to buy proceed to Tacloban to negotiate details”. Yao King Ong filed a suit for specific performance against the petitioners. Petitioners contended that the contract of sale is unenforceable under the Statute of Frauds and there was no absolute acceptance made by the respondents. Hence, there was no perfected contract of sale.

ISSUE:

WON there was a perfected contract of sale?

HELD:

The court ruled that the acceptance was not absolute under Article 1319 of the Civil Code. In this case, the respondents only said that they are open to negotiate which is opposite to the idea that an agreement had been reached. Therefore, there was no perfected contract of sale.

Digest Credit: Kelly Espera

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