Escolar Documentos
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Cultura Documentos
Maria Ortega averred that long before and until her house has been
completely destroyed during the liberation of the City of Manila, she occupied
Lot 1, Block 3. Located at San Andres Street, Malate, Manila
After the liberation, she re-occupied it but Daniel Leonardo asserted that he
too had a right to a portion of the land.
During the occupation, Leonardo asked Ortega to desist from pressing claims
and he promised her if he succeeded in getting the title to Lot 1, he would
sell her a portion thereof with an area of 55.60 square meters, at P25.00 per
square meter. In return, Ortega would pai for surveying and subdivision of the
lot and should continue holding the lot by paying a monthly rental of P10 until
said portion has been segregated and the purchase price fully paid.
Ortega accepted the agreement and desisted from further claims.
Defendant acquired the title and in return plaintiff caused the survey and
segregation of the portion which defendant promised to sell. She also
o Had a subdivision plan, her lot known as 1B
o Had her sons house remodelled and it extended over said lot
o Tendered to defendant full purchase price on July 1954
Defendant refused to accept payment.
LC: oral agreement to sell is not enforceable
o Plaintiff: the contract was already partially performed due to the
promise of defendant
WN there was already partial performance on the part of the plaintiff? YES