AEROSPACE CHEMICAL INDUSTRIES, INC. vs. COURT OF APPEALS
G.R. No. 108129. September 23, 1999
Facts
On June 27, 1986, petitioner Aerospace Industries, Inc. (Aerospace) purchased 500 MT
of sulfuric acid from private respondent Philippine Phosphate Fertilizer Corporation
(Philphos).
Initially set beginning July 1986, the agreement provided that the buyer shall pay its
purchases in equivalent Philippine currency value, five days prior to the shipment date.
o Petitioner as buyer committed to secure the means of transport to pick-up the
purchases from private respondent’s loadports.
o Per agreement, 100 MT of sulfuric acid should be taken from Basay, Negros
Oriental storage tank, while the remaining 400 MT should be retrieved from
Sangi, Cebu.
On August 6, 1986, private respondent sent an advisory letter to petitioner to withdraw
