Title
Laudico vs. Rodriguez
Case
G.R. No. L-16530
Decision Date
Mar 31, 1922
A lease offer was withdrawn before acceptance was communicated; no contract formed as withdrawal preceded receipt of acceptance under Civil Code.
A

Case Summary (G.R. No. L-4974-78)

Petitioner and Respondent

Petitioners: Laudico and Harden, seeking specific performance compelling the defendants to execute the proposed lease. Respondents: Vicente Arias and his co-owners, who made the original offer and later attempted to withdraw it.

Key Dates and Events

  • February 5, 1919: Vicente Arias, on behalf of himself and co-owners, transmitted to Laudico a written option and a tentative lease contract containing proposed conditions.
  • During subsequent negotiations, additional conditions and counter-propositions were exchanged by correspondence and interviews.
  • March 6, 1919, 11:25 a.m.: Arias sent a letter, delivered by messenger, withdrawing the offer.
  • March 6, 1919, 2:53 p.m.: Laudico’s letter of acceptance was delivered to Arias by special delivery (according to the parties, receipt at 2:53 p.m.). Laudico testified he received the revocation at 3:30 p.m., a point the court did not credit.

Procedural Posture

Plaintiffs sought an order compelling execution of the lease. The trial court entered a judgment adverse to the defendants; the defendants appealed. The Supreme Court reviewed whether a contract was perfected and ultimately reversed the lower court, absolving the defendants.

Material Facts

Ariasis made a revocable offer to lease the building and transmitted a written tentative contract. Laudico presented Harden as the lessee and, after negotiations, Laudico sent a written letter on March 6, 1919 stating that all amended and supplemented propositions were accepted. Arias had previously sent a written revocation at 11:25 a.m. that same day by messenger to Laudico’s office. When Laudico’s acceptance reached Arias at 2:53 p.m., Arias had already sent the revocation earlier that morning.

Legal Issue

Whether, under the circumstances, a binding contract of lease arose by reason of the acceptance sent by letter, and specifically whether an acceptance by letter is effective upon dispatch or only upon receipt and knowledge by the offeror.

Applicable Law

The court applied article 1262, paragraph 2, of the Civil Code (acceptance by letter has no effect until it comes to the knowledge of the offeror) and invoked the principle embodied in article 1257, paragraph 2 (illustratively referenced) concerning the revocability of stipulations prior to notice of acceptance. The court discussed two competing theories on acceptance by correspondence: (1) acceptance is effective only when known by the offeror (the rule adopted by the Civil Code provision cited), and (2) acceptance is effective from the time the acceptance letter is sent.

Court’s Analysis on Formation of Contract

The court held that under the Civil Code’s rule, an acceptance by letter is ineffective until it comes to the knowledge of the offeror; therefore the offeror retains the power to revoke the offer prior to knowledge of the acceptance. Applying that rule to the facts, Arias lawfully withdrew his offer at 11:25 a.m. before he had knowledge of Laudico’s acceptance received at 2:53 p.m. Because the acceptance neither had effect at the time of sending nor produced a meeting of the minds before revocation became known to the offeror, no contract was perfected. The court emphasized that the essence of contract formation is the concurrence of offer and acceptance; here, although both acts occurred, they did not coincide in time so as to produce a binding agreement.

Doctrine Considered and Rejected by the Court

The plaintiffs invoked a doctrine that, to avoid an acceptance from converting an offer into a binding contract, notice of revocation must be effectively brought home to the offeree; the court explained that this doctrine applies under the second theory (acceptance effective upon dispatch). However, because the Civil Code adopted the first theory (acceptance effective only upon knowledge), the court declined to apply the plaintiffs’ doctrine in the present case. The court cited commentary and a statement attributed to Q. Mucius Scaevola explaining that the power to revoke is implied where no contract exists until acceptance is known, subject to possible liability for damages if the revoking party failed to give notice of the withdrawal.

Credibility and Evidence Ruling

The court discredited Laudico’s testimo

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