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FACTS:
Memije entered into a contract with Kabalsa for the
repair of a house in Manila.
Kabalsa undertook to furnish the necessary materials
including lumber to be used in the repairs. He was
unable to secure credit therefor and was compelled to
pay cash for all purchases but he has no money, so, he
was unable to purchase the lumber, hence the work on
the house has been delayed.
Memije then accompanied the contractor to Reiss'
lumber yard and after satisfying Reiss as to his own
financial responsibility, he entered into an agreement
with them whereby they were to deliver the necessary
lumber to the contractor for use in the repair of his
house.
In pursuance of and in accordance with the directions
of Memije, Reiss delivered to Kabalsa a considerable
amount of lumber which was used in the repairs upon
Memije's house.
However, Kabalsa was not able to pay thus Reiss
instituted an action for collection of the unpaid balance.
Memije claimed that his alleged guaranty of the
payment was unenforceable for not being in writing.
ISSUE:
WON the alleged guaranty of payment of the purchase price of
the lumber, not being in writing, is unenforceable.
RULING:
NO. It is enforceable. The Statute of Fraud does not not
apply since Memije undertook to pay the purchase price
independently, as his own.
ANGELA MARIE A. ALMALBIS
PICZON V PICZON
FACTS:
ISSUE:
WON defendant Esteban Piczon is liable as a guarantor or
surety.
RULING:
Under the terms of the contract, Esteban Piczon expressly
bound himself as guarantor, and there are no circumstances in
the record from which it can be deduced that his liability could
be that of a surety.
A guaranty must be express under Art 2055 of the Civil Code,
and it would be violative of the law to consider a party to be
bound as a surety when the very word used in the agreement
is "guarantor".
MUNICIPALITY OF GASAN V MARASIGAN
FACTS:
ISSUE:
WON Marasigan and sureties should pay
RULING:
NO.
This is so, particularly with respect to the suretiesappelants, because suretyship cannot exist without a
valid obligation
Guaranty is not, presumed it must be expressed and
cannot be extended beyond its specified limits.
Therefore, after eliminating the obligation for which
said sureties-appelants desired to answer with their
bond, the bond necessarily ceased and it ceases to
have effects.