G.R. No. L-45608; May 27, 1939
JESUS AZCONA, plaintiff-appellant, vs. PACIFIC COMMERCIAL COMPANY, defendant-appellee.

FACTS

Plaintiff Jesus Azcona, a physician operating an X-ray clinic, ordered a Fricke-Glasser X-Ray Dosimeter machine from defendant Pacific Commercial Company. The first two units arrived damaged and were returned. The third unit was delivered on January 5, 1933, and Azcona executed a promissory note for the balance of the purchase price. After delivery, Azcona alleged the machine did not function properly. He filed an action for rescission of the contract and refund of his payments totaling P658.37. The defendant counterclaimed for the unpaid balance of P786.68. The trial court dismissed Azcona’s complaint and ordered him to pay the counterclaim. Azcona appealed, raising only questions of law.

ISSUE

Whether the defendant is liable for the alleged defective functioning of the X-ray dosimeter machine, thereby entitling the plaintiff to rescind the contract and obtain a refund.

RULING

No. The Supreme Court affirmed the trial court’s decision. The contract between the parties was a contract of sale, not a contract for a piece of work. The obligation of the vendor-seller under a contract of sale is to deliver the determinate thing sold. The vendor does not warrant its satisfactory operation unless a contrary stipulation is proven. The evidence, including the signed sales order and promissory note, showed no express warranty that the machine would function to the buyer’s satisfaction. The plaintiff, an experienced specialist, inspected and accepted the machine. His subsequent payments on the promissory note, despite his knowledge of the alleged defects, further indicated the absence of a warranty. The defendant’s obligation was limited to delivering the specific machine ordered, which it did. Therefore, rescission and refund were not warranted.