In view of the opportunity that offered itself

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Unformatted text preview: oteca­Venta") was a personal and individual liability, while the transfer in question related to the business of the partnership of G. & R. Aboitiz; and, in the third place, the defendants who held powers of attorney could not represent both themselves and their principal in a transaction involving the shifting of the liability from themselves to another party. Neither does the fact that the plaintiff subsequently accepted payments on the "Hipoteca­Venta Account" from Aboitiz & Co. work a novation. Novation is never presumed. Unless it is clearly shown either by express agreement of the parties or by acts of equivalent import, this defense will never be allowed. Sing Juco v. Sunyantong Lorente, 43 Phil 589 (1922) LIM FACTS: On May 20, 1919, the plaintiffs obtained from Maria Gay a written option to purchase an estate known as "San Antonio Estate," containing more than 2,000 hectares situated in the municipality of Passi, Province of Iloilo, together with the large cattle existing on said estate. The term of the option expired, but the plaintiffs had it extended verbally until 12 o 'clock noon of June 17, 1919. The defendant Antonio Sunyantong was at the time an employee of the plaintiffs, and the preponderance of evidence shows that they reposed confidence in him and did not mind disclosing their plans to him, concerning the purchase of the aforesaid estate and the progress of their negotiations with Maria Gay. In one of the conferences held by the plaintiffs among themselves, relative to the purchase of the aforesaid estate, at which the defendant was present, the latter remarked that it would be advisable to let some days elapse before accepting the terms of the transfer as proposed by Maria Gay, in order that the latter might not think that they were coveting said property. 15 The remark ceased to be innocent when taken in connection with the fact, that when the defendant met Alipio de los Santos after the latter's return to Iloilo. De los Santos was sent by the plaintiffs to examine the estate and satisfy himself...
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This document was uploaded on 03/11/2014.

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