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Hawaiian Philippine Co. Vs. Jose E. Hernaez 045 Phil 746

HAWAIIAN PHILIPPINE CO., plaintiff-appellee, vs. JOSE E. HERNAEZ, defendant-appellant.

G.R. No. 21382 | 1924-02-25

D E C I S I O N


MALCOLM, J .:

The parties to this case unite in saying that the general legal issue is whether the time of payment of a mortgage may be extended by a parol agreement beyond that expressed in the mortgage.

Under date of August 1, 1919, Jose E. Hernaez executed a real estate mortgage upon a certain parcel of land in favor of Alberto Kappeler in the sum of P10,000 payable on August 1, 1922. On October 21, 1922, this real estate mortgage was assigned by Kappeler to the Hawaiian Philippine Company. The holder of the mortgage alleging that Hernaez had never paid any portion of the indebtedness, it instituted action in the...