LUIS ASIAIN, plaintiff-appellant vs. BENJAMIN JALANDONI

Jun 16th, 2015
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Luis Asiain, the plaintiff-appellant in this case, is the owner of the hacienda known as "Maria" situated in the municipality of La Carlota, Province of Occidental Negros, containing about 106 hectares. Benjamin Jalandoni, the defendant-appellee, is the owner of another hacienda adjoining of Asiain

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Republic of the PhilippinesSUPREME COURTManilaEN BANCG.R. No. L-20435 October 23, 1923LUIS ASIAIN,plaintiff-appellant,vs.BENJAMIN JALANDONI,defendant-appellee.Arroyo and Gurrea for appellant.Francisco Soriano for appellee.MALCOLM,J.: Luis Asiain, the plaintiff-appellant in this case, is the owner of thehaciendaknown as "Maria" situated in the municipality of La Carlota, Province of Occidental Negros, containing about 106 hectares. Benjamin Jalandoni, the defendant-appellee, is the owner of anotherhaciendaadjoining of Asiain. Asiain and Jalandoni happening to meet no one of the days of May, 1920, Asiain said to Jalandoni that he was willing to sell a portion of hishaciendafor the sum of P55,000. With a wave of his hand, Asiain indicated the tract of land in question, affirming that it contained between 25 and 30 hectares, and that the crop of sugar cane then planted would produce not less than 2,000 piculs of sugar. But Jalandoni, remaining doubtful as to the extent of the land and as to the amount of crop on it, Asiain wrote Jalandoni the letter which follows:HDA. MARIA May, 26, 1920. MR. BENJAMIN JALANDONI. DEAR BENJAMIN: I am in receipt of your letter and with regard to your statement that parcel does not contain 21 hectares I do not believe. I bet anything that part only which is planted with cane contains more than 20 hectares,

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