[ G.R. No. L-15882, November 30, 1962 ]
EULOGIA MINAY ET AL., PLAINTIFF-APPELLEES, VS. BARTOLOME BUENAVENTURA AND MARIA JANDUSAY, DEFENDANT APPELLANTS.
D E C I S I O N
APPEAL from the Court of First Instance of Oriental Mindoro.
Appeal from an action seeking- rescission of a Deed of Sale and recovery of the subject matter of the sale for alleged nonpayment of the full amount agreed upon by the contracting parties. The trial court rendered judgment declaring the said sale null and void and ordering the defendants to deliver the property in question and to pay attorney's fees to the plaintiffs, plus cost. Defendants interposed this direct appeal to the Supreme Court, raising issues of fact and of law.
The case is remanded to the Court of Appeals.
A cursory examination of the errors assigned will readily show that most of them present questions of fact. Furthermore, the value of the property involved is only P4,500.00, which is far below the jurisdictional amount of the Supreme Court.
SUMMARY
Appeal from an action seeking- rescission of a Deed of Sale and recovery of the subject matter of the sale for alleged nonpayment of the full amount agreed upon by the contracting parties. The trial court rendered judgment declaring the said sale null and void and ordering the defendants to deliver the property in question and to pay attorney's fees to the plaintiffs, plus cost. Defendants interposed this direct appeal to the Supreme Court, raising issues of fact and of law.
The case is remanded to the Court of Appeals.
RULING
A cursory examination of the errors assigned will readily show that most of them present questions of fact. Furthermore, the value of the property involved is only P4,500.00, which is far below the jurisdictional amount of the Supreme Court.