Supreme Court decision · Civil Law
De La Cruz v. Victorio
G. R. No. 39428 · Promulgated May 3, 1934
In brief
This case is about the rescission of a contract and the corresponding return of the amount paid with interest and the land with its fruits.
Contract, Rescission, Interest, Property Return, Appeal
Related cases
- G.R. No. 39547 Tordilla v. Tordilla (Previous decision in Civil Law)
- G. R. No. 39280 De La Viña y Cruz v. Director of Lands (Next decision in Civil Law)
Full text
[ G. R. No. 39428, May 03, 1934 ]
GREGORIO DE LA CRUZ, PLAINTIFF AND APPELLEE, VS. CLEMENTE VICTORIO, DEFENDANT AND APPELLANT.
D E C I S I O N
J. STEVENS-ACTING CLERK OF COURT
This court having regularly acquired jurisdiction for the trial of the above-entitled cause submitted by both parties for decision,after consideration thereof by the Court upon the record, its decision and order for the judgment having been filed on the ________16th________day of ________April________, A. D. nineteen hundred and _________thirty-four________;
By virtue thereof it is hereby adjudged and decreed that the order of the Court of the First Instance of ___________Nueva Ecija________, dated the __________5th__________ day of __________January____________, nineteen hundred and ___________thirty-three____________, and from which the above-entitled appeal was taken, be, and the same is hereby, affirmed with the sole modification that the contract entered into by the plaintiff and the defendant is understood to be rescinded, the former to return to the latter the P150.00 which he received from the defendant, with interest at 6% per annum, from the date of its receipt until it is returned, and the latter to return to the former the land sold with its fruits from the time he took possession of the same until it is returned, without special pronouncement as to costs.
It is further ordered that __xx__________xx__________xx__________xx__________xx recover from xx__________xx__________xx_____ the sum of P __xx_________xx, as costs.