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Eusebio De La Cruz Vs. Apolonio Legaspi 098 Phil 43

EUSEBIO DE LA CRUZ, plaintiff-appellee, vs. APOLONIO LEGASPI and CONCORDIA SAMPEROY, defendants-appellants.

G.R. No. L-8024 | 1955-11-29

D E C I S I O N


BENGZON, J.:

In the Court of First Instance of Antique, in November, 1950, Eusebio de la Cruz sued Apolonio Legaspi and his wife to compel delivery of the parcel of land they bad sold to him in December 1949. The complaint alleged the execution of the contract, the terms thereof, the refusal of defendants to accept payment of the purchase price of P450 which he had tendered, and undue retention of the realty.

The defendants, in their answer, admitted the sale and the price; but they alleged that before the document (of sale) "was made, the plaintiff agreed to pay the defendants the amount of P450 right after the...