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Reyes vs. Mosqueda

1) Vicenta Reyes sued Guardalino Mosqueda to recover a 5% commission from the sale of Mosqueda's land to Jose Marquez Lim for P65,605. 2) The trial court ruled in Reyes' favor but the Court of Appeals reversed, dismissing the complaint. 3) The Supreme Court agreed with the Court of Appeals, ruling that Reyes was not entitled to the commission because her authority as a broker had been withdrawn by Mosqueda before the sale was finalized, and the sale terms were agreed upon directly between Mosqueda and Lim without Reyes' involvement.

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168 views1 page

Reyes vs. Mosqueda

1) Vicenta Reyes sued Guardalino Mosqueda to recover a 5% commission from the sale of Mosqueda's land to Jose Marquez Lim for P65,605. 2) The trial court ruled in Reyes' favor but the Court of Appeals reversed, dismissing the complaint. 3) The Supreme Court agreed with the Court of Appeals, ruling that Reyes was not entitled to the commission because her authority as a broker had been withdrawn by Mosqueda before the sale was finalized, and the sale terms were agreed upon directly between Mosqueda and Lim without Reyes' involvement.

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Dan Carnacete
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We take content rights seriously. If you suspect this is your content, claim it here.
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57. Reyes vs.

Mosqueda

FACTS: Guardalino C. Mosqueda sold to Jose Marquez Lim his parcel of land in the City of Iloilo for the sum of
P65,605. Claiming that Mosqueda had previously contracted her services to sell the same land with a
commission of 5 per cent on the sale price, and that thru her efforts she could bring together Mosqueda and
Lim who finally agreed upon and consummated the sale of the land, and because Mosqueda refused to pay
her commission of 5 per cent, Reyes commenced this action in the Court of First Instance of Iloilo to recover
from Mosqueda the sum of P3,280.25 representing 5 per cent of the sale price with interest from the date of
the filing of the complaint. After hearing, the trial court rendered judgment in her favor ordering defendant
Mosqueda to pay to her P3,280-25 with interest of 6 per cent from March 7, 1949, with costs. On appeal to
the Court of Appeals, said Tribunal reversed the appealed decision and dismissed the complaint without costs.
Plaintiff Reyes is now petitioning for the revision of said decision of the Court of Appeals.

Issue: Whether or not Reyes is entitled to recover the commission

Ruling: NO. Reyes was hired as a broker, not as a commercial agent. At the ,time the contract of sale was
signed by the parties on February 18, 1949, the authority of Reyes as a broker for Mosqueda has already been
withdrawn by the latter. At the time the authority of the appellee was withdrawn, there was still no meeting
of the minds between Mosqueda and Lim with respect to the price and terms of the sale; Again, the land was
sold at price and terms arrived alt by the contracting parties without the appellee's intervention and Lim
bought the property independently of the efforts of Reyes.

In the present case, there is nothing to show that bad faith was involved in the cancellation of the authority
of plaintiff Reyes before the consummation of the sale. Not only this, but the actuations of plaintiff Reyes are
not entirely above suspicion. As observed by the Court of Appeals she did not explain how she came to know
that defendant Mosqueda was interested in selling his land and was looking for a buyer thereof. It is highly
possible that after Reyes was commissioned by her employer Lim to approached Mosqueda with a view to
reducing the price of P8 per square meter, it was then and only then that Reyes came to know about the
desire of Mosqueda to sell his land to cover his obligations with the bank inasmuch as he failed to secure a
loan from the Insurance Company, and as said by the Court of Appeals:

"Perhaps, when she was requested by Lim to intercede in his behalf with respect to the sale of Mosqueda's
land, Vicenta Reyes grabbed this opportunity to make spare money as a sideline."

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