Republic of the PhilippinesSUPREME COURT
EN BANC
G.R. No. L-8313 March 30, 1914
JOSE MA. Y. DE ALDECOA, plaintiff-appellee, JOSE FORTIS, ET AL., defendants-appellants.
O'Brien & DeWitt for appellants.
CARSON, J.:
Plaintiff in this action seeks to have a sale of certain property set aside on the ground of the alleged invalidity of the sale; to have the property resold; and further, to recover damages alleged to have resulted from the former sale.
We are of opinion, however, that the complaint should be dismissed, because, first, it appears that the property is not intact, and that it would be wholly impracticable to make the resale as prayed by the plaintiff in the event that the former sale were annulled; second, because the plaintiff is not shown to have been damaged by the sale, nor does it appear that the property was, in fact, worth more than it brought at the former sale; and, third, because plaintiff seeks to retain his share of the purchase price paid at the former sale, and at the same time to have that sale annulled, and to participate in the distribution of any moneys which would be received on a resale.
We conclude therefore that the judgment entered in the lower court, annulling the sale but without allowing damages, should be reversed, and the complaint dismissed without day and without costs in this instance. So ordered.
Arellano, C.J., Moreland, Trent and Araullo, JJ., concur.
Jose Ma. y de Aldecoa vs. Jose Fortis, et al.
This is a civil case decided by the Philippine Supreme Court on March 30, 1914. The plaintiff, Jose Ma. Y. De Aldecoa, sought to have a sale of certain property set aside due to the alleged invalidity of the sale, and to recover damages. However, the Supreme Court reversed the lower court's judgment and dismissed the complaint. The Court held that the property is not intact, the plaintiff did not suffer any damage from the sale, and the plaintiff cannot retain his share of the purchase price and participate in the distribution of any moneys from a resale.
Case Information
- Case Number
- G.R. No. L-8313
- Decision Date
- Court
- Supreme Court of the Philippines
- Jurisdiction
- Philippines
Full Decision Text
Cite This Case
Jose Ma. y de Aldecoa vs. Jose Fortis, et al., G.R. No. L-8313, Mar 30, 1914 (Supreme Court of the Philippines)
Supreme Court of the Philippines. (1914). Jose Ma. y de Aldecoa vs. Jose Fortis, et al. (G.R. No. L-8313). Retrieved from https://legaldex.com/jurisprudence/jose-ma-y-de-aldecoa-vs-jose-fortis-et-al
Related Cases
- Jose Ma. Ibañez de Aldecoa vs. Jose Fortis, et al.G.R. No. 5938 • Sep 16, 1910
- De Aldecoa v. FortisG.R. No. 8313 • Mar 30, 1914
- De Aldecoa v. FortisG.R. No. L-5938 • Sep 16, 1910
- Guadalupe San Jose vs. Nazario G. CruzSan Jose-Cruz • Feb 1, 1933
- Palet y De Yebra v. Aldecoa & Co.G.R. No. 4320 • Feb 10, 1910
- Simeona N. de Castro, et al. vs. Jose G. Longa Paz Diago de Castro, et al. vs. Jose G. LongaG.R. Nos. L-2152 and 2153 • Jul 31, 1951
Need Help Understanding This Case?
Ask our AI assistant to explain the key points, implications, or related cases.
Ask AI About This Case