Beruflich Dokumente
Kultur Dokumente
L-11908
10/16/16, 11:59 AM
10/16/16, 11:59 AM
forth as full payment of plaintiff's share (participacion) in the business in exact conformity with the conditions
imposed in the agreement consummated to May 3, 1910.
The right to interest arises either by virtue of a contract or by way of damages for delay or failure (demora) to pay
the principal on which interest is demanded, at the time when the debtor is obligated to make such payment. In the
case at bar where was no contract, express or implied, for the payment of interest pending the award of the
committee appointed to value the property sold on May 3, 1910, and there was no delay in the punctual compliance
with defendant's obligation to make immediate payment, in cash, of the amount of the award, upon the filing of the
report of the committee.
We conclude that the judgment entered in the court below dismissing the complaint in this case sine die should be
affirmed, with the costs of this instance against the appellant. So ordered.
EN BANC
G.R. No. L-11908
Arellano, C.J., Torres, Johnson, Street, Malcolm and Avancea, JJ., concur.
Araullo J., took no part.
February 4, 1918
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