Question

Portia and Dina entered into an oral contract wherein Dina agreed to the sale of Lot 1 to Portia for the price of P2,000,000.   It turned out that at the time Portia and Dina agreed upon the sale, Dina was not the owner of Lot 1.

Later on, Portia asked Dina to deliver the lot to her but Dina refused. Portia filed an action for specific performance against Dina.   Dina filed a motion to dismiss on the ground that she cannot be compelled to perform the contract since it was not in writing.   Is the contract of sale valid? Explain.

Answer 1

Portia and Dina entered into an oral contract wherein Dina agreed to the sale of Lot 1 to Portia for the price of P2,000,000.   It turned out that at the time Portia and Dina agreed upon the sale, Dina was not the owner of Lot 1.

Later on, Portia asked Dina to deliver the lot to her but Dina refused. Portia filed an action for specific performance against Dina.   Dina filed a motion to dismiss on the ground that she cannot be compelled to perform the contract since it was not in writing.   Is the contract of sale valid? Explain.

The contract of sale is not valid as it was not in writing as the oral contract was null and void .

Moroever the dina was not the owner of the lot1 so he cannot pass a better title than what he himself has.so the contract of sale is not valid and the specific performance cannot be enforced.