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EDUARDO V. LINTONJUA v. ETERNIT CORPORATION

This case has been cited 2 times or more.

2010-04-19
CARPIO, J.
Petitioners are not entitled to claim for specific performance. It must be stressed that when specific performance is sought of a contract made with an agent, the agency must be established by clear, certain and specific proof.[26] To reiterate, there is a clear absence of proof that Revelen authorized respondent to sell her lot.
2009-12-11
CARPIO, J.
We disagree. The Court of Appeals correctly used the intent of the contracting parties in determining whether an agency by estoppel existed in this case. An agency by estoppel, which is similar to the doctrine of apparent authority requires proof of reliance upon the representations, and that, in turn, needs proof that the representations predated the action taken in reliance.[62]