Title
Labayen vs. Talisay Silay Milling Co., Inc.
Case
G.R. No. 29298
Decision Date
Dec 15, 1928
A sugar cane milling company was absolved from breach for not extending a railroad due to dangerous terrain and lack of right-of-way.

Case Digest (G.R. No. L-37937)

Facts:

  • Parties and Contract Formation
    • Reynaldo Labayen and co-owner of Hacienda Dos Hermanos (plaintiffs) vs. Talisay-Silay Milling Co., Inc. (defendant).
    • Contract executed on August 27, 1919, for milling plaintiff’s sugar cane crop (1920–1921 season).
  • Key Contractual Provisions
    • Covenants of “La Central”: build and maintain a permanent railroad to reach plantations within one mile if terrain permits.
    • Producer obligations and mutual clauses: producer to plant and deliver cane; clause 10 allows suspension if rights-of-way cannot be secured.
  • Non-Performance and Physical Conditions
    • Railroad extended only to Hacienda Esmeralda No. 2, stopping four kilometers short of Dos Hermanos.
    • Engineering evidence: extension would require 4.84–7% grade, 26 curves, cost ~P80,000, and present dangerous conditions.
  • Right-of-Way Issue
    • Extension route required passage through Esteban de la Rama’s haciendas.
    • De la Rama withheld permission until 1924, preventing construction during the contract period.

Issues:

  • Breach and Excuse for Non-Construction
    • Whether Talisay-Silay Milling breached its promise to extend the railroad.
    • Whether contractual terrain and rights-of-way conditions excuse non-performance.
  • Applicability of Impossibility Doctrine
    • Whether physical danger and cost constitute legal or factual impossibility.
    • Whether clause 10’s suspension provision applies due to inability to secure right-of-way.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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