Silverio Q. Cornejo vs. Manuel B. Calupitan, D.B. Castaneda, and Eustacio Barrera

G.R. No. L-2342             October 27, 1950

Silverio Q. Cornejo – Plaintiff-Appellant vs.

Manuel B. Calupitan, D.B. Castaneda, and Eustacio Barrera – Defendant-Appellees

FACTS

On January 1945- owner of a parcel of land in the barrio of Mayatobo, Candelaria, Tayabas, an area of 110.9125 hectares authorized his co-defendants Castaneda, Eustacio Barrera, real estate broker operating in manila to sell the said parcel.;January 4, 1945, defendant Calupitan accepted the offer made by the plaintiff Cornejo, at the price of P650,000 in Japanese military notes; January 6, 1945, Cornejo delivered only P65,000 to defendant broker Castaneda & Barrera to deliver for Calupitan and the balance to paid on January 25, 1945. Calupitan wrote out a letter receipt of acceptance specifying the terms of payment of the balance approving the stipulated date on or before January 25, 1945.  January 22, 1945, After supposedly failing to deliver the balance of P585,000, Cornejo deposited the sum with the clerk of court, securing corresponding receipt and filed the corresponding complain against Calupitan and the two real estate brokers for specific performance and for payment of damages.

The trial court absolve the defendant-appelle and held that Cornejo repudiated the original agreement by proposing money be reduced from P70,000 to P65,000 and the balance adjusted from 19th of January to 25, 1945.

ISSUE

Whether or not that the condition being offered to the plaintiff by the appellant is Justifiable in terms of the status of the situation or the en-viewed coming events of war.

HELD

Yes, its up to the prospective purchaser to accept or reject it, but he should return the value of the said amount P65,000 Japanese notes at the time to the plaintiff. Exhibit B between Cornejo and Calupitan had been abandoned and rendered void by Cornejo himself, and that as to new proposition made by Cornejo, there was no meeting of minds of the parties for it was not accepted entirely by Calupitan, consequently the contract of sale of the land in question was not perfected and so Calupitan may not be compelled to convey said land to plaintiff-appllant. Calupitan is ordered to return to the plaintiff the value of the P65,000 Japanese war notes he received, which value is to be ascertained according to the ballantyne schedule as of January 6, 1945 in Manila. Said value is hereby fixed at P541.66 with legal interest from January 6, 1945 until paid.

The decision of the trial court was affirmed.