Philippine Supreme Court Jurisprudence

Philippine Supreme Court Jurisprudence > Year 1924 > January 1924 Decisions > G.R. No. 20969 January 29, 1924 - JOSE BASA v. GAVINA RAQUEL Y SALUD

045 Phil 655:



[G.R. No. 20969. January 29, 1924. ]

JOSE BASA (alias LIM CHIAN), Plaintiff-Appellant, v. GAVINA RAQUEL Y SALUD AL., Defendant-Appellee.

Jose Martinez de San Agustin for Appellant.

Araneta & Zaragoza for Appellees.


CONTRACT; TELEGRAM; MEMORANDUM AS TO SALE OF LAND. — A telegram advising a person to whom a verbal promise for the sale complete the purchase, but which telegram neither describes the property nor states the purchase price, and which is not signed by any person having authority to bind the seller, is not a section 335 of the Code of Civil Procedure.



This action was instituted in the Court of the First Instance of the Province of Cavite by Jose Basa (alias Lim Chian), against Gavina Raquel y Salud and the two codefendants named in the complaint, for the purpose of obtaining a declaration of nullity of a conveyance of certain property described in the complaint which had been sold by the corporation of Dominican Fathers to said Gavina Raquel y Salud, to compel said corporation to execute a deed of conveyance to the same property in favor of the plaintiff in conformity with an alleged contract made by an authorized agent of said corporation with the plaintiff, and to recover a sum of money as damages for breach of contract.

It appears that the property which is the subject of this action formerly belonged to the corporation of Dominican Fathers, whose procurator is the defendant Fray Pedro Prat. It also appears that the defendant Alfredo Chicote was acting as attorney of the aforementioned Pedro Prat and as agent of the corporation of Dominican Fathers at and prior to the time of incidents which gave rise to this action. The corporation, it seems , had decided to sell the property in question, and it appears to have been understood the plaintiff, who was occupying the property as a renter, would be given preference in the matter of the purchase of the property. On March 14, 1922, one Julian Visecio, a clerk or employee in the office of Sr. Chicote in Manila, sent a telegram to the plaintiff in Cavite in words to the following effect:" Come. Urgent to arrange purchase of house for Sr. Chicote."cralaw virtua1aw library

In response to this telegram the plaintiff provided himself with the sum of P11, 500. which was understood to be the amount of the purchase price, and came to Manila for the purpose of effecting the purchase of the property. However, the plaintiff alleges that he did not succeed in getting admission at once to the office where the transaction would have been consummated, and while he was waiting the defendant, Gavina Raquel y Salud, obtained admission and purchased the property for the sum stated, thereby causing a disappointment of the hopes and expectations that had been entertained by the plaintiff.

The defense in brief is that the plaintiff has no writing evidencing the agreement for the purchase of this land, sufficient to satisfy the requirements of section 335 of the Code of the Civil Procedure. This point is undoubtedly well taken, and the trial judge committed no error in excluding the oral testimony which the plaintiff’s attorney wished to offer in court concerning the alleged agreement.

The telegram to which reference has been made is not a sufficient memorandum because it does not describe the property nor state the purchase price; and it is not signed by any person who had authority to bind the seller.

For the reason stated, the order dismissing the complaint will affirmed, with cost against the appellant. So ordered.

Araullo, C.J., Johnson, Malcolm, Avanceña, Ostrand, Johns, and Romualdez, JJ., concur.

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