“A” sells his 1976 Colt Lancer Sedan to “B,” a compadre, and leaves it to “B” to determine the price.

If
“BR” refuses to fix a price and simply takes the car, is he still obliged to pay the price? Explain. (1976)

ANS: Yes, “B” is still obliged to pay the price. This is clear from Art. 1474 of the NCC. True, Art.
1473 of the NCC declares that “the fixing of the price can never be left to the discretion of one of
the contracting parties.” Therefore, the act of “A” in leaving to “B” the power to determine the
price of the car is illegal. But this will not affect the validity of the sale. “A” delivered the car to
“B,” and the latter appropriated it. This will bring into play the provisions of Art. 1474 of the
NCC. According to the article, if the thing or any part thereof has been delivered to and
appropriated by the buyer, ‘he must pay a reasonable price therefore. What is a reasonable
price is a question of fact dependent upon the circumstances of each particular case.