Sale valid even if seller does NOT own thing sold

CASE DIGEST: 91 Phil. 666 [ G.R. No. L-4402, July 28, 1952 ] CANUTO MARTIN, PETITIONER, VS. MARIA REYES AND PEDRO REVILLA, RESPONDENTS.

FACTS: A sold to B land, which at the time of sale did not belong to A.

ISSUE: Is the sale valid?

HELD: Yes, for the vendor need not own the property at the time of the perfection, it being suf´Čücient that he be the owner at the time he is to deliver the object. The contention that there is no sale is rather too technical a viewpoint. The deed of sale may be placed in the same category as a promise to convey land not yet owned by the vendor –– an obligation which nevertheless may be enforced. The court cited American Jurisprudence to the effect that "it is not unusual for persons to agree to convey by a certain time, notwithstanding they have no title to the land at the time of the contract, and the validity of such agreements is upheld. In such cases, the vendor assumes the risk of acquiring the title, and making the conveyance, or responding in damages for the vendee’s loss of his bargain." (55 Am. Jur. 480)

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