ESGUERRA V. VILLANUEVA
Appeal from a conclusion of the The courtroom of 1st Instance of Pangasinan.
Esguerra executed a lease in favour of de Guzman in Esguerra-Gueco Building in Dagupan City. Beginning July 1961. Nevertheless , de Guzman failed to shell out his rentals for February to Aug 1962, and de Guzman's mother accomplished a promissory note. Nevertheless , the mother failed to comply with the same.
A suit in that case commence, however , it was settled through a give up agreement. PhP 2, 260 was paid out which displayed a substantial amount of the debt originally payable, albeit overdue in compliance with the bargain agreement. Yet , the Esguerras contented all their receipt was not tantamount for the acceptance of the fulfillment from the obligation.
Whether the de Guzmans include complied together with the obligation fully.
The verb, " acceptвЂќ as employed in Article 1235 means to have as " satisfactory or perhaps sufficientвЂќ or " to give assent toвЂќ or to " agreeвЂќ to incomplete or perhaps partial overall performance. The Esguerras did not assent to the payment.
The law would not require that the objection in the creditor come in in a particular manner or at any particular time. The acts with the creditor binds his approval or assent to the completion of the obligation.
ESGUERRA v VILLANUEVA
Petitioner Esguerra and respondent sobre Guzman created acontract whereby Esguerra leased to para Guzman a percentage of hisbuilding for a term of ten years beginning coming from July doze 1961 to get amonthly local rental of P300 up to This summer 11 1962 and P400 thereafter. DeGuzman failed to shell out the local rental from February to September 1962aggregating P1800, in addition to the quantity of P300 (purchase priceof equipment bought by him from the Esguerras. Because of this, respondent's mother, Tercer de Guzman executed in favor of theesguerras a promissory be aware for P2, 100 (P1000 due about August 121962 and P1100 not after than Augus 31 1962, upon standard of thefirst installment, the whole value turns into due and demandable). De Guzman did not pay...