(170) Yuvienco v.

Dacuycuy, GR 55048, May 27, 1981

[Per J. Barredo, Second Division]
ISSUE: W/N there was a perfected contract of sale?

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.

RULING: 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.