Title
Berg vs. Magdalena Estate, Inc.
Case
G.R. No. L-3784
Decision Date
Oct 17, 1952
Co-owners Berg and Magdalena Estate disputed property management and sale terms. Court ruled no enforceable agreement due to uncertain conditions, upholding Berg's right to partition.

Case Digest (G.R. No. L-3784)
Expanded Legal Reasoning Model

Facts:

  • Co-ownership and partition suit
    • Ernest Berg (plaintiff/appellee) and Magdalena Estate, Inc. (defendant/appellant) are co-owners of Crystal Arcade in Manila, with interests of one-third and two-thirds, respectively.
    • Berg filed for partition under Rule 71, citing irreconcilable differences over management and division of the property.
  • Defendant’s special defense and counterclaim
    • Deed of sale dated September 22, 1943 (Exhibit 1) included an irrevocable option granting each co-owner the first right to buy the other’s undivided share at the seller’s price.
    • In January 1946, Berg allegedly offered to sell his one-third share to Magdalena Estate for ₱200,000, which the latter accepted and was granted time (including extensions until May 31, 1947) to pay.
    • Berg purportedly refused to accept payment, causing Magdalena Estate alleged damages of ₱100,000, and prompting its prayer for specific performance.
  • Plaintiff’s reply and lower court decision
    • Berg invoked the statute of frauds, asserting no writing (note or memorandum) signed by him evidences the sale agreement.
    • Magdalena Estate introduced U.S. Treasury Department license applications (Exhibits 3 and 4) as the required memorandum.
    • The trial court found no valid agreement of sale, denied specific performance, and granted Berg’s partition prayer.

Issues:

  • Do the U.S. Treasury license applications (Exhibits 3 and 4), read with the deed option (Exhibit 1), satisfy the statute of frauds’ note-or-memorandum requirement to prove the alleged sale?
  • Assuming a valid sale agreement, did Magdalena Estate comply with its payment obligations to warrant specific performance?

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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