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ENGINEERING v. CA

This case has been cited 1 times or more.

2008-09-29
CARPIO MORALES, J.
To Ang, the ruling in Goodyear v. Sy is not applicable to this case, there being an express warranty in the herein subject Deed of Absolute Sale and, therefore, the action based thereon prescribes in ten (10) years following Engineering & Machinery Corp. v. CA[20] which held that where there is an express warranty in the contract, the prescriptive period is the one specified in the contract or, in the absence thereof, the general rule on rescission of contract.