YU TEK v. GONZALEZ (G.R. No. 9935)

CASE DIGEST: [ G.R. No. 9935, February 01, 1915 ] YU TEK & CO., PLAINTIFF AND APPELLANT, VS. BASILIO GONZALEZ, DEFENDANT AND APPELLANT.

FACTS: Seller sold 600 piculs of sugar to buyer. Because seller was not able to produce 600 piculs on his sugar plantation he was not able to deliver.

ISSUE: Is he liable?

HELD: Yes, because no specific lot of sugar can be pointed out as having been lost. Sugar here was still generic. (See De Leon v. Soriano, 47 O.G. Supp. to No. 12, p. 377). [Understood correctly, however, there can sometimes be the sale of a generic thing but the obligations till specific designation is made are naturally different.]

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