Question
1. A bought a car from B, a dealer of cars, on the installment plan. After a while, A brought back the car to the
1. A bought a car from B, a dealer of cars, on the installment plan. After a while,
A brought back the car to the shop B, saying he could not pay for it. B
accepted the car and registered it under its (Bs) name. for a long time, B did
not communicate with A and asked for the unpaid balance. Later, A received
an account for the cost of spare parts and for gasoline. B then brought this
action to recover both the unpaid balance and the new account. Has As
obligation been extinguished?
2. When the owner of a drug store began to realize that as a result of a judgment
against him, his drug store would be sold to pay his creditors, the owner
connived with a friend by selling to the latter for a small sum the drug store.
The creditors were not in any way able to recover from the owner, so they
asked for the rescission of said sale of the drug store. Will rescission prosper?
3. A bought a real property from B. a brought action to rescind the contract on
the ground of non-delivery of the property. Dooes B have to give also the
fruits received in the meantime?
4. To defraud his creditor, A sold his property to B (who is in good faith). Later,
B sold the property to C, who is in bad faith. May the creditor rescind,
although the property is now in the possession of C?
5. A made a donation to B. later A contracted several debts. What A has left as
assets are much less than his present liabilities. May the donation to B be
rescinded?
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