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    #30 Santos Vs Villanueva

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    arajara16
    The Court of Appeals upheld the trial court's ruling that the sale of a tailoring shop by one partner without the consent of the other partners was null and void. The court cited Article 143 of the Code of Commerce which states that partnership property cannot be validly sold by one partner alone. As the tailoring business was partnership property, and the selling partner did not have consent, the deed of sale was deemed null and void.

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    #30 Santos Vs Villanueva

    Uploaded by

    arajara16
    258 views1 page
    The Court of Appeals upheld the trial court's ruling that the sale of a tailoring shop by one partner without the consent of the other partners was null and void. The court cited Article 143 of the Code of Commerce which states that partnership property cannot be validly sold by one partner alone. As the tailoring business was partnership property, and the selling partner did not have consent, the deed of sale was deemed null and void.

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    case digest

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    #30 Santos vs Villanueva

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    The Court of Appeals upheld the trial court's ruling that the sale of a tailoring shop by one partner without the consent of the other partners was null and void. The court cited Article 143 of the Code of Commerce which states that partnership property cannot be validly sold by one partner alone. As the tailoring business was partnership property, and the selling partner did not have consent, the deed of sale was deemed null and void.

    Copyright:

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

    #30 Santos Vs Villanueva

    Uploaded by

    arajara16
    The Court of Appeals upheld the trial court's ruling that the sale of a tailoring shop by one partner without the consent of the other partners was null and void. The court cited Article 143 of the Code of Commerce which states that partnership property cannot be validly sold by one partner alone. As the tailoring business was partnership property, and the selling partner did not have consent, the deed of sale was deemed null and void.

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    Santos vs. Villanueva, [C.A] 50 O.G.

    175

    Court of Appeals, September 7, 1953


    Appeal from a judgment of CFI Manila
    REYES, JBL, J.

    Facts:

    Gavino Santos, Luisito del Rosario, and Emiliano del Rosario formed a partnership for the operation of a
    tailoring shop under the business name, Esquire. Emiliano is the manager of the partnership. No
    dissolution nor liquidation of the partnership has been done until the filing of an action. Without the
    knowledge and consent of the other partners, Emiliano then sold the tailoring shop to defendant Cenon
    Villanueva and/or Corazon del Rosario. This precipitated the filing of an action by Gavino Santos in CFI
    Manila for the rescission of the sale. The TC decided in favor of plaintiff and declared that the aforesaid
    sail null and void. Defendant appealed in this court, alleging that he was a purchaser in good faith.

    Issue:

    W/N the sale of the tailoring shop was valid.

    Held:

    No. (SC also found out that Villanueva was a purchaser in bad faith). Art. 143 of Code of Commerce:
    Partnership property cannot be validly sold or conveyed by anyone of the partners without the consent
    of all the other partners forming the partnership. The vendor, not having the right nor the authority to
    dispose of the partnership business, or even his interest therein, without the consent of the other
    partners, the deed of sale is null and void and of no effect whatsoever. The tailoring business is evidently a
    partnership property.

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