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  • III-A-15 - Lim vs. People

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    1. Maria Ayroso agreed to sell her 615 kilos of tobacco to Lourdes Lim for P1.30 per kilo, totaling P799.50. The agreement stated that the proceeds from the sale would be given to Ayroso as soon as the tobacco was sold. 2. Lim only paid Ayroso P240 of the total amount owed and did so in three installments. Ayroso filed a case against Lim. 3. The court found that the agreement constituted an agency contract where Lim would sell the tobacco as Ayroso's agent. As the agent, Lim had an immediate obligation to turn over the proceeds from the sale to Ayroso. Her

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    lim vs people

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    1. Maria Ayroso agreed to sell her 615 kilos of tobacco to Lourdes Lim for P1.30 per kilo, totaling P799.50. The agreement stated that the proceeds from the sale would be given to Ayroso as soon as the tobacco was sold. 2. Lim only paid Ayroso P240 of the total amount owed and did so in three installments. Ayroso filed a case against Lim. 3. The court found that the agreement constituted an agency contract where Lim would sell the tobacco as Ayroso's agent. As the agent, Lim had an immediate obligation to turn over the proceeds from the sale to Ayroso. Her

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    116 views2 pages

    III-A-15 - Lim vs. People

    Uploaded by

    JDR JDR
    1. Maria Ayroso agreed to sell her 615 kilos of tobacco to Lourdes Lim for P1.30 per kilo, totaling P799.50. The agreement stated that the proceeds from the sale would be given to Ayroso as soon as the tobacco was sold. 2. Lim only paid Ayroso P240 of the total amount owed and did so in three installments. Ayroso filed a case against Lim. 3. The court found that the agreement constituted an agency contract where Lim would sell the tobacco as Ayroso's agent. As the agent, Lim had an immediate obligation to turn over the proceeds from the sale to Ayroso. Her

    Copyright:

    © All Rights Reserved
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    of 2

    Lim vs.

    People
    1 Yes 133 SCRA 333, Nov. 21, 1984
    6. Yes
    Topic: Agency in General
    Ratio: Ponente: Relova, J.

    1 It is clear in the agreement that the proceeds of the sale of Facts:


    the tobacco should be turned over to the complainant as
    soon as the same was sold, or that the obligation was 1. Lourdes Valerio Lim, a businesswoman, went to the house
    immediately demandable as soon as the tobacco was of Maria Ayroso and proposed to sell Ayroso's 615 kilos of
    disposed of. Hence, Article 1197 of the New Civil Code, tobacco at P1.30 a kilo, for P799.50 in total. Lim was to
    which provides that the courts may fix the duration of the receive the overprice for which she could sell the tobacco.
    obligation if it does not fix a period, does not apply. 2. They signed an agreement in stating that the proceeds will
    be given to Ayroso as soon as the tobacco was sold.
    7. Aside from the fact that Maria Ayroso testified that Lim 3. Of the total value of P799.50, the appellant had paid to
    asked her to be her agent in selling the tobacco, Lim Ayroso only P240.00, and this was paid in three
    herself admitted that there was an agreement that upon the instalments.
    sale of the tobacco she would be given something. If she 4. Ayroso filed a case and Lim was found guilty of the crime of
    was doing a favor to Ayroso and it was Ayroso who had estafa.
    requested her to sell her tobacco, it would not have been
    the appellant who would have gone to the house of Ayroso, Issues:
    but it would have been Ayroso who would have gone to the
    house of the appellant and deliver the tobacco to the 1 W/N the document fixed a period and the obligation to
    appellant. The fact that Lim received the tobacco and the deliver was immediately demandable as soon as the
    proceeds to be given to complainant as soon as it was sold tobacco was sold
    strongly negates transfer of ownership of the goods Lim. 5. W/N whether the agreement is a contract of agency to sell
    The agreement constituted her as an agent with the the tobacco
    obligation to return the tobacco if the same was not sold.
    Held:

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