This document summarizes a court case between Andrea Dumasug and Felix Modelo regarding a contract for the sale of land and a carabao. The court found the contract to be null and void because Andrea signed it believing it was only for repayment of legal expenses, not realizing it transferred her property rights. The court ordered Felix to return the land and carabao to Andrea, plus pay damages for unlawful possession and sale of the carabao. Felix appealed the ruling, but the appeal was denied, confirming the contract's nullification.
This document summarizes a court case between Andrea Dumasug and Felix Modelo regarding a contract for the sale of land and a carabao. The court found the contract to be null and void because Andrea signed it believing it was only for repayment of legal expenses, not realizing it transferred her property rights. The court ordered Felix to return the land and carabao to Andrea, plus pay damages for unlawful possession and sale of the carabao. Felix appealed the ruling, but the appeal was denied, confirming the contract's nullification.
This document summarizes a court case between Andrea Dumasug and Felix Modelo regarding a contract for the sale of land and a carabao. The court found the contract to be null and void because Andrea signed it believing it was only for repayment of legal expenses, not realizing it transferred her property rights. The court ordered Felix to return the land and carabao to Andrea, plus pay damages for unlawful possession and sale of the carabao. Felix appealed the ruling, but the appeal was denied, confirming the contract's nullification.
ANDREA DUMASUG , plaintiff-appellee, vs. FELIX MODELO , defendant-
appellant.
Fortunato Borromeo Veloso for appellant.
Tomas Alonso for appellee.
SYLLABUS
1. CONTRACTS; ASSENT GIVEN BY MISTAKE. — A written contract is null and
void where one of the contracting parties gives his assent by a mistake which went to the very substance or essence of the subject matter of the contract, and where, had he been aware of the true context thereof, he would neither have accepted nor authenticated it with his signature or mark. (Arts. 1256 and 1266, Civil Code.) 2. ID.; ID.; EFFECT OF NULLITY. — If the consent given by one of the contracting parties in a contract is null and void, the document in which such contract was set forth is also null, void, and without force or effect, and, therefore, when the nullity of the obligation has been declared, the contracting parties shall each restore the things which were the object of the contract, with the fruits thereof and the price with the interest thereon.
DECISION
TORRES , J : p
An appeal raised, by bill of exceptions, by counsel for defendant from the