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    Repide Digest

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    Kat Jolejole
    The defendants failed to pay the first installment on property they purchased from Repide, claiming they did not have the money. The court held that mere financial inability does not discharge contractual obligations or constitute a defense to ordering specific performance. Equity requires protecting the rights of sellers as much as creditors to ensure stability in commercial transactions.

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    Repide Digest

    Uploaded by

    Kat Jolejole
    991 views1 page
    The defendants failed to pay the first installment on property they purchased from Repide, claiming they did not have the money. The court held that mere financial inability does not discharge contractual obligations or constitute a defense to ordering specific performance. Equity requires protecting the rights of sellers as much as creditors to ensure stability in commercial transactions.

    Original Description:

    repide v afzelius

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    The defendants failed to pay the first installment on property they purchased from Repide, claiming they did not have the money. The court held that mere financial inability does not discharge contractual obligations or constitute a defense to ordering specific performance. Equity requires protecting the rights of sellers as much as creditors to ensure stability in commercial transactions.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    991 views1 page

    Repide Digest

    Uploaded by

    Kat Jolejole
    The defendants failed to pay the first installment on property they purchased from Repide, claiming they did not have the money. The court held that mere financial inability does not discharge contractual obligations or constitute a defense to ordering specific performance. Equity requires protecting the rights of sellers as much as creditors to ensure stability in commercial transactions.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    FRANCISCO GUTIERREZ REPIDE v. IVAR O.

    AFZELIUS and his wife,


    PATROCINIO R. AFZELIUS
    [G.R. No. 13438. November 20, 1918. ]
    Facts:
    Defendants bought property from Repide on installment. When the first
    installment fell due, defendants did not pay. The excuse of the defendants is
    that they do not now have the money to pay the first installment. In other
    words, they plead impossibility of performance.
    Issue:
    What is the remedy of the seller?
    Held:
    The rule of equity jurisprudence in such a case is that mere pecuniary
    inability to fulfill an engagement does not discharge the obligation of the
    contract, nor does it constitute any defense to a decree for specific
    performance. The stability of commercial transactions requires that the right
    of the seller be protected just as effectively as the rights of the creditor.

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