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Consejo Infante Vs Jose Cunanan

Consejo Infante hired Jose Cunanan and Juan Mijares to sell two parcels of her land for a commission. When the agents found a buyer, Infante revoked their authority and sold the land directly to the buyer herself. The agents sued for their commission, and both the lower court and Court of Appeals ruled in their favor, finding that Infante could not revoke their authority after taking advantage of their services to make the sale. The Supreme Court affirmed, holding that while a principal can withdraw an agent's authority, it cannot be done without compensating the agent for work already performed.

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Norie Sapanta
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164 views1 page

Consejo Infante Vs Jose Cunanan

Consejo Infante hired Jose Cunanan and Juan Mijares to sell two parcels of her land for a commission. When the agents found a buyer, Infante revoked their authority and sold the land directly to the buyer herself. The agents sued for their commission, and both the lower court and Court of Appeals ruled in their favor, finding that Infante could not revoke their authority after taking advantage of their services to make the sale. The Supreme Court affirmed, holding that while a principal can withdraw an agent's authority, it cannot be done without compensating the agent for work already performed.

Uploaded by

Norie Sapanta
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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21. Consejo Infante vs Jose Cunanan, Juan Mijares and The Court of Appeals, G.R. No.

L-5180, August 31, 1953 (RE: ART 1875)


FACTS:
Consejo Infante was the owner of 2 parcels of land located in Manila. She
contracted the services of Jose Cunanan and Juan Mijares to sell said property for P30,
000 subject to the condition that the purchaser would assume the mortgage existing
thereon in the favor of the Rehabilitation Finance Corporation. Parties agreed to the
commission of 5% of the purchase price and whatever overprice they may obtain from
the property.
When the private respondents herein found a buyer, Pio S. Noche, Infante
suddenly said to them that he is no longer selling the property and made them sign a
document revoking the authority given to them. Infante dealt directly with the buyer and
sold the property for P31, 000. Upon learning this transaction, private respondents
demanded from Infante the payment of their commission, but she refused and so they
filed a case against Infante. The lower court ruled in favor of the plaintiffs and was affirmed
by the Court of Appeals.

Infante argued that their authority to sell had already been revoked prior to the
sale to Noche. Since he is free from her commitment thus no longer liable to pay their
commission for the transaction.

ISSUE: Whether Infante had duty to pay private respondents even if the authority to sell
has been cancelled.
HELD:
Yes. While it is true that a principal may withdraw the authority given to an agent
at will. (Article 1733.) It cannot be effected without giving to the party prejudiced the
reward which is due him. Petitioner took advantage of the services rendered by private
respondent respondents, believing that she could evade payment of their commission,
she tricked the latter by inducing them to sign the deed of cancellation. This act of
subversion cannot be sanctioned and cannot serve as basis for petitioner to escape
payment of the commission agreed upon.
Wherefore, the decision appealed from is hereby affirmed

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