Bricktown Vs Amor Tierra
Bricktown Vs Amor Tierra
The contract between Bricktown and Amor Tierra was validly rescinded
because of the failure of the latter to pay the agreed amounts stipulated in the
contract on the proper date even after the sixty-days grace period. Furthermore,
the records showed that private respondent corporation paid less than the amount
agreed upon. The Supreme Court also added that such cancellation must be
respected. It may also be noteworthy to add that in a contract to sell, the nonpayment of the purchase price can prevent the obligation to convey title from
acquiring any obligatory force.
On the second issue, the Supreme Court ruled that since the private
respondent did not actually possessed the property under the contract, the
petitioner is then ordered to return to private respondent the amount remitted.
However, to adjudge any interest payment by petitioners on the amount to be thus
refunded, private respondent should not be allowed to totally free itself from its
own breach.