X and Y executed an instrument entitled “Option to Purchase,” whereby the latter agreed to sell to the former a parcel of land for P1,500,000 within a period of two (2) years from the execution thereof. X made several tenders of payment, but Y always refused the tenders. Finally, X brought an action against Y for specific performance and damages. Defendant set up the defense that her contract with plaintiff is a mere unilateral offer to sell, and consequently, since it is unsupported by a consideration which is separate from the purchase price, said promise is not binding upon her pursuant to Art. 1479 of the NCC. Will the action prosper? Reasons
X and Y executed an instrument entitled “Option to Purchase,” whereby the latter agreed to sell to the former a parcel of land for P1,500,000 within a period of two (2) years from the execution thereof. X made several tenders of payment, but Y always refused the tenders. Finally, X brought an action against Y for specific performance and damages. Defendant set up the defense that her contract with plaintiff is a mere unilateral offer to sell, and consequently, since it is unsupported by a consideration which is separate from the purchase price, said promise is not binding upon her pursuant to Art. 1479 of the NCC. Will the action prosper? Reasons
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X and Y executed an instrument entitled “Option to Purchase,” whereby the latter agreed to sell to the former a parcel of land for P1,500,000 within a period of two (2) years from the execution thereof. X made several tenders of payment, but Y always refused the tenders. Finally, X brought an action against Y for specific performance and damages. Defendant set up the defense that her contract with plaintiff is a mere unilateral offer to sell, and consequently, since it is unsupported by a consideration which is separate from the purchase price, said promise is not binding upon her pursuant to Art. 1479 of the NCC. Will the action prosper? Reasons
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