Quiz 6
Instructions: Provide the following case questions with brief answer. If the question is in essay form, limit your answer into four to five sentences.
- By agreement of C and D, the separate debts of the brothers A, B, and C to D were liquidated and consolidated into only one obligation in a promissory note signed by C who acknowledged his indebtedness. D signed the note on condition that C would obtain the signatures of A and B thereby creating a joint obligation against the three. C never secured their signatures until his death. In an action against A and B by D to recover their respective shares in the indebtedness, A and B contended that since their signatures were not affixed to the document, D was bound to acknowledge it as a credit only against C who signed it. Issue: Is D bound to acknowledge the document as a credit only against C? Explain.
- S, owner, and B, purchaser, agreed upon the sale of a vessel provided that the title papers to the same were in proper form. The title was in the name of another and S promised to perfect his title to the vessel. Before compliance by S with the condition exacted by B, and while the vessel was in S’s possession, it sank due to a severe storm. Is B under obligation to pay the price of the vessel? Explain.
- B obliged himself to pay S the balance of the purchase price of a subdivision lot within two years from the completion by S of the roads therein. S brought suit to foreclose the real estate mortgage executed by B to secure the payment of the unpaid price, for failure of B to pay the mortgage indebtedness notwithstanding the completion of the roads, a condition for the payment of the same. B contends that the roads are not yet completed in the technical, legal sense, because the final say or acceptance by the Capital City Planning Commission of Quezon City had not yet been secured. Is this contention of B tenable? Explain.
- In the deed of donation executed by respondents’ spouses, they imposed the condition that the 5,600 square meter parcel of land should “be used exclusively and forever for school purposes only.’’ This donation was accepted by the District Supervisor of the Bureau of Public Schools through an Affidavit of Acceptance and/or Confirmation of Donation. The school building that was supposed to be allocated for the donated parcel of land could not be released since the government required that it be built upon a one (1) hectare parcel of land. To remedy this predicament, the District Supervisor and a lot owner entered into a deed of exchange whereby the donated lot was exchanged with a bigger lot owned by the latter. School buildings were constructed on the new site. In exchanging the donated lot with a bigger lot, did the donee violate the condition in the donation? Explain.
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