AgencyDPFebruary32014

After the war hashim filedan action for money claims

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Unformatted text preview: ucena City on their way to Marinduque; (ii) his balikbayan­guest canceled his scheduled first visit to Marinduque in order to avoid the inconvenience of taking public transportation; and (iii) his relatives, friends, neighbors and other provincemates, continuously irked him about "his Brand­New Toyota Lite Ace — that never was." Under the circumstances, defendant should be made liable to the plaintiff for moral damages in the amount of One Million Pesos (P1,000,000.00). In its answer to the complaint, Toyota alleged that no sale was entered into between it and Sosa, that Bernardo had no authority to sign Exhibit "A" for and in its behalf, and that Bernardo signed Exhibit "A" in his personal capacity. As special and affirmative defenses, it alleged that: the VSP did not state date of delivery; Sosa had not completed the documents required by the financing company, and as a matter of policy, the vehicle could not and would not be released prior to full compliance with financing requirements, submission of all documents, and execution of the sales agreement/invoice; the P100,000.00 was returned to and received by Sosa; the venue was improperly laid; and Sosa did not have a sufficient cause of action against it. It also interposed compulsory counterclaims. TRIAL COURT: Ruled in favor of Sosa. Ruled that there was a valid sale and Bernardo then "was an agent of the defendant Toyota Shaw, Inc. and hence bound the defendants." CA: affirned trial court’s decision in toto ISSUE: Whether the document (agreement), executed and signed by the petitioner's sales representative, a perfected contract of sale, binding upon the petitioner, breach of which would entitle the private respondent to damages and attorney's fees? ­­­ NO SC Decision: Neither logic nor recourse to one's imagination can lead to the conclusion that the agreement is a perfected contract of sale. Article 1458 of the Civil Code defines a contract of saleas follows:...
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This document was uploaded on 03/11/2014.

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