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    Gochangco vs. Dean

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    Rogelio Bataclan
    The plaintiffs and defendant agreed to an exchange of land properties but disputed the number of coconut trees on the defendant's property. While the contract stated there were over 6,000 coconut trees, the plaintiffs alleged this was a false and fraudulent statement. However, the court found no evidence the defendant deliberately misrepresented the number, as he only stated his belief, and the plaintiff had personally viewed the land and estimated a similar number of trees. Therefore, the defendant was absolved of any liability.

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    Gochangco vs. Dean

    Uploaded by

    Rogelio Bataclan
    168 views1 page
    The plaintiffs and defendant agreed to an exchange of land properties but disputed the number of coconut trees on the defendant's property. While the contract stated there were over 6,000 coconut trees, the plaintiffs alleged this was a false and fraudulent statement. However, the court found no evidence the defendant deliberately misrepresented the number, as he only stated his belief, and the plaintiff had personally viewed the land and estimated a similar number of trees. Therefore, the defendant was absolved of any liability.

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    Gochangco vs. Dean

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    The plaintiffs and defendant agreed to an exchange of land properties but disputed the number of coconut trees on the defendant's property. While the contract stated there were over 6,000 coconut trees, the plaintiffs alleged this was a false and fraudulent statement. However, the court found no evidence the defendant deliberately misrepresented the number, as he only stated his belief, and the plaintiff had personally viewed the land and estimated a similar number of trees. Therefore, the defendant was absolved of any liability.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    168 views1 page

    Gochangco vs. Dean

    Uploaded by

    Rogelio Bataclan
    The plaintiffs and defendant agreed to an exchange of land properties but disputed the number of coconut trees on the defendant's property. While the contract stated there were over 6,000 coconut trees, the plaintiffs alleged this was a false and fraudulent statement. However, the court found no evidence the defendant deliberately misrepresented the number, as he only stated his belief, and the plaintiff had personally viewed the land and estimated a similar number of trees. Therefore, the defendant was absolved of any liability.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    SANTIAGO GOCHANGCO ET AL., plaintiffs-appellants, vs. R. L. DEAN, defendant-appellant.

    Facts:
    The plaintiffs had purchased a land of the Pasay Estate by installments. The defendant was
    the owner of two parcels of land situated in Masbate. The plaintiffs and defendant agreed to
    exchange their respective properties, but before the final execution of the contract of
    exchange, the plaintiff Gochangco went to Masbate to make an examination of the parcels of
    land offered for exchange by the defendant.

    The contract of exchange (Exhibits D and 1) was later executed. In the deed Exhibit D, the
    defendant stated, among other things, the following:
    "It is also declared that the said described property is sold with all coconut trees growing on
    it, and I declared that I believe there are more than 6,000 coconut trees so growing, together
    with any and all improvements of any kind whatsoever existing on the said land including all
    movable goods, chattel, etc., found thereof."

    The plaintiffs allege that defendant made them false and fraudulent representations as to the
    existence of 6,000 coconut trees on his lands in Masbate offered for exchange. This was not
    proven. It does not appear in the record that the defendant deliberately violated the truth in
    stating his belief that there were such a number of coconut trees on said lands. Furthermore,
    it was shown that the plaintiff viewed the lands and himself estimated that there were there
    more than six thousand coconut trees.

    Issue:
    Whether or not defendant made false and fraudulent representations with respect to the
    “6,000 coconut trees”.

    Ruling:
    No. Where it does not appear that the defendant deliberately violated the truth when he
    stated his belief that there were a certain number of coconut trees on the lands, and it
    appearing that the plaintiff had examined said lands and estimated that there were there
    more than six thousand coconut trees, no action will lie under articles 1541 and 1484 of the
    Civil Code. Defendant is absolved from the complaint.

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