Law 101
Name: Bangonon, Loraine Jewel.
Year/Section: 2ND YEAR, BSA AS-1
FRANCISCO GUTIERREZ REPIDE Vs.
IVAR O. AFZELIUS and PATROCINIO R. AFZELIUS
The plaintiff is the owner of a parcel of land with a total area of 2,695.24 square meters
in Manila, which is fully specified in the complaint. The defendants made a proposition to
the plaintiff for the purchase of this land in December of 1916. After some time of
negotiations, the defendants agreed to pay plaintiff P10,000 for the land, with P2,000 to
be given over upon signing of the deed and the other P8,000 to be paid in monthly
installments of P150. The plaintiff was to be mortgaged the property in order to secure
payment of the P8,000 amount.
Defendants purchased property from Repide on a monthly basis. Defendants failed to p
ay the first installment when it became due. The defendants' excuse is that they do
not currently have enough money to pay the first installment. In other words, they claim
that performance is impossible.
