CD: Lutero v. Siuliong

September 30, 2010 at 2:04 pm (1930, Case Digests) (, , )

LUTERO v. SIULIONG
G.R. No. L-31125 January 21, 1930
Villa-real, J.

Doctrine:
Contracts of sale of agricultural products to be delivered in future, fixing a selling price, are not usurious or illegal, even when the market price of the products sold should turn out to be higher at the time of delivery.

Facts:
Plaintiff entered into a contract with defendant to sell the former’s future sugar crop harvest to the latter at a price depending on the class of the sugar. The defendant bound itself to pay an advance amount of Php. 3,000 and the remainder shall be paid from time to time. The contract also stated that should the plaintiff fail to deliver, he shall pay the amount of the undelivered portion to the defendant. The plaintiff also entered into a mortgage agreement to secure his performance in the contract.

Issue:
Whether or not future products are invalid subjects in a contract of sale

Held:
No. The contracts of sale of agricultural products to be delivered in future, fixing a selling price, are not usurious or illegal, even when the market price of the products sold should turn out to be higher at the time of delivery.

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