You are on page 1of 1

Pursuant to these two (2) articles, if the thing sold has hidden faults or defects — as the conveyors are

claimed to have — the vendor — in the case at bar, the plaintiff — shall be responsible therefor and the
vendee — or La Fuerza, in the present case — "may elect between withdrawing from the contract and
demanding a proportional reduction of the price, with damages in either case." In the exercise of this right
of election, La Fuerza had chosen to withdraw from the contract, by praying for its rescission; but the action
therefor — in the language of Art. 1571 — "shall be barred after six months, from the delivery of the thing
sold." The period of four (4) years, provided in Art. 1389 of said Code, for "the action to claim rescission,"
applies to contracts, in general, and must yield, in the instant case, to said Art. 1571, which refers to sales
in particular.
Pursuant to these two (2) articles, if the thing sold has hidden faults or defects — as the conveyors are
claimed to have — the vendor — in the case at bar, the plaintiff — shall be responsible therefor and the
vendee — or La Fuerza, in the present case — "may elect between withdrawing from the contract and
demanding a proportional reduction of the price, with damages in either case." In the exercise of this right
of election, La Fuerza had chosen to withdraw from the contract, by praying for its rescission; but the action
therefor — in the language of Art. 1571 — "shall be barred after six months, from the delivery of the thing
sold." The period of four (4) years, provided in Art. 1389 of said Code, for "the action to claim rescission,"
applies to contracts, in general, and must yield, in the instant case, to said Art. 1571, which refers to sales
in particular.
vvvv Pursuant to these two (2) articles, if the thing sold has hidden faults or defects — as the conveyors are
claimed to have — the vendor — in the case at bar, the plaintiff — shall be responsible therefor and the
vendee — or La Fuerza, in the present case — "may elect between withdrawing from the contract and
demanding a proportional reduction of the price, with damages in either case." In the exercise of this right
of election, La Fuerza had chosen to withdraw from the contract, by praying for its rescission; but the action
therefor — in the language of Art. 1571 — "shall be barred after six months, from the delivery of the thing
sold." The period of four (4) years, provided in Art. 1389 of said Code, for "the action to claim rescission,"
applies to contracts, in general, and must yield, in the instant case, to said Art. 1571, which refers to sales
in particular.
Pursuant to these two (2) articles, if the thing sold has hidden faults or defects — as the conveyors are
claimed to have — the vendor — in the case at bar, the plaintiff — shall be responsible therefor and the
vendee — or La Fuerza, in the present case — "may elect between withdrawing from the contract and
demanding a proportional reduction of the price, with damages in either case." In the exercise of this right
of election, La Fuerza had chosen to withdraw from the contract, by praying for its rescission; but the action
therefor — in the language of Art. 1571 — "shall be barred after six months, from the delivery of the thing
sold." The period of four (4) years, provided in Art. 1389 of said Code, for "the action to claim rescission,"
applies to contracts, in general, and must yield, in the instant case, to said Art. 1571, which refers to sales
in particular.

You might also like