This case has been cited 1 times or more.
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2011-09-12 |
BERSAMIN, J. |
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| In fine, the rights and obligations of the parties vis-à-vis the five lots were all defined and governed by the deed of sale with assumption of mortgage, the only contract between them. That contract was single and indivisible, as far as they were concerned. Consequently, the Chus could not properly proceed against the respondents in Civil Case No. 12251, despite the silence of the compromise agreement as to the Carloses and Benelda Estate, because there can only be one action where the contract is entire, and the breach total, and the petitioners must therein recover all their claims and damages.[39] The Chus could not be permitted to split up a single cause of action and make that single cause of action the basis of several suits.[40] | |||||