Abella v.

Fransisco Avecena, CJ:

G.R. No. 32336

December 20, 1930

Facts: Guillermo Francisco was on overdue to pay the government regarding the lots in Novaliches Quezon City. He proposed an offer to sale to Julio Abella those lots. Julio Abella paid 500 pesos and 415.31 succeeding weeks. In the month of December, Guillermo Fransisco through his lawyer Roman Mabanata sent a letter to Julio Abella that failure to pay the remaining amount of the purchase of land, the contract is deemed cancelled and the amount 915.31 shall be returned to Abella. Upon the full payment, the lawyer will execute the proper deed of sale. Abella asked for few days to think about the purchase. Roman Mabanata with authority from Fransisco gave Abella until 5 of January of the following year. On December 27, Abella was able to get a buyer who will buy the said lots for a higher price. Unfortunately, Abella communicated his intention to buy the lots on the 9th of January and the payment was refused by Roman Mabanata. On the same day, Roman Mabanata returned 915.31 to Abella. Issue: Whether or not there is a necessity for demand to incurred delay that result to termination of the contract? Held: No, there is no necessity of demand if the date was fixed on the stipulation of the contract. Ratio: There is no necessity for demand because the document signed by parties was a fixed date and the offer is until 5th of January. Abella admitted that offer for complete payment was initiated on the 9th of January. The contention of Abella that the extension was given by Roman Mabanata to 9th of January is not tenable because the payment of Abella was in consideration for the due payment of Fransisco at end of December. Furthermore, the testimony was corroborated by Paz Vicente and the own admission of Abella to Narciso Javier that the purchase of those lots was already expired.