G.R. No. 2965 Joaquin Ma. Herrer v. Arsenio Cruz Herrera

FACTS
The plaintiff filed suit to recover the price of two oil paintings which he asserted were executed under the order of the defendant and accepted by him. Testimony showed a misunderstanding between the parties as to the nature of the order, the ownership of the paintings, and their delivery to the plaintiff’s residence. The trial court made definitive factual findings on these matters.

ISSUE
Whether, under Article 1544 of the Civil Code, the contract for the paintings is imperfect and therefore unenforceable because the price of the work was not expressly fixed.

RULING
The Court held that the contract is valid despite the alleged lack of a fixed price, citing the precedent in Perez v. Pomar and the decision of the Supreme Court of Spain (18 Oct 1899). The rule in De la Rama precludes re‑examination of the trial court’s factual findings. Accordingly, the judgment of the lower court was affirmed, with costs awarded to both parties. Judgment to be entered after twenty days, and the record remanded to the trial court for appropriate action.