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Cebu. Wislizenus, J.
The facts are stated in the opinion of the court.
Sepulveda, Pelaez & Espina for appellant.
No appearance for appellee.
MORELAND, J.:
This is an appeal from a judgment of the Court of First
Instance of Cebu dismissing the action after trial on the
ground that the plaintiff did not prove facts sufficient to
constitute a cause of action.
We are of the opinion that the judgment must be
reversed and a new trial ordered.
The action is based on a sale with a right to repurchase
made by Adriano Enriquez in favor of E. Michael and E.
Michael & Co., sociedad en comandita, of which appellant
claims to be the successor, by reason of an instrument, duly
executed and delivered by said companies to appellant,
transferring property, business and assets of every kind,
including the land which is the subject of this litigation. It is
alleged in the complaint that the time to repurchase having
expired, the title to the property became absolute in
appellant and that it is accordingly the owner of the land
described in said instrument. On the trial appellant sought
to prove the execution and delivery of the conveyance
transferring to it the land described in the sale with right to
repurchase. The trial court prevented appellant f rom
proving that f act. Appellant also attempted to prove the fact
that the instrument so executed and delivered was lost, it
being his purpose to lay the basis for the introduction of
secondary evidence as to its contents. The trial court also
prevented appellant from proving that fact.
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