Reports of Cases Determined in the Supreme Court of the Philippines from (Volume 5) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1907 Excerpt: ... EXECUTORS. 1. A judgment against an administrator or executor in an action upon a contract for professional services must show that the services were rendered for such executor or administrator as such. A decision under section 133 of the Code of Procedure in Civil Actions must contain a statement of facts which, taken together with admitted facts of the pleadings, will support the judgment. Early vs. Sy-Giang, Executor, p. 42. 2. A judgment in a personal action against one or more defendants having a common interest in the same property shall not bind the heirs of a deceased codwner, where such heirs or the executor of the testate or intestate estate of such deceased coowner who are parties in interest in the suit, were not joined as parties de-fendant. (Sees. 114 and 277 "of the Code of Civil Procedure.) Smith and Reyes vs. Lopez, p. 78. EXECUTORY CONTRACT. 1. A promise to sell or to purchase a certain thing for a certain price gives each of the contracting parties a right to demand from the other the fulfillment of the obligation. Borromeo vs. Franco, p. 49. 2. An agreement on the part of the purchaser to perfect the title papers to a certain property within a certain time is not a condi-tion subsequent or essential of the obligation to sell but an incidental undertaking not contrary to law or public policy, and his failure to comply therewith is not a bar to the sale agreed upon, the performance of which the purchaser insists upon. Id. 3. A promise to buy and sell real estate does not pass title thereto, and merely gives the contracting parties the right to demand the fulfillment of the contract in proper cases, or damages for the breach where it is not possible to carry out the terms thereof. Mas vs. Lanuza and Wife and Flores, p. 457. EXEMPLARY DAMAGE...