Question
19. M and N are co-owners of a 5 hectare land. Mr. X, owner of a realty developer firm sought to buy the said parcel
19. M and N are co-owners of a 5 hectare land. Mr. X, owner of a realty developer firm sought to buy the said parcel of land. Thinking that the property co-owned by M and N belongs to Z, Mr. X talked to, and offered to buy the property from Z for 30 Million Pesos. Because of the very good offer of Mr. X, Z pretended to be the owner and accepted the offer of Mr. X but told the latter that the payment of the purchase price and the delivery of the property through execution of the Deed of Absolute Sale shall be done 15 months therefter. Unknown to Mr. X, Z was planning to convince M and N to sell the property to him (Z) within the 15-month period. After a year of persuading M and N, the latter finally sold to Z the subject land for 20 Million Pesos. Two months after the parcel of land was sold and delivered by M and N to Z, another real property developer, Mr. B, offered to buy the said parcel of land from Z for 50 Million Pesos. Right after the agreed period, Mr. X tendered payment of 30 Million Pesos to Z pursuant to their contract of sale but Z refused to proceed with the sale contending that when he sold the property to Mr. X he was not the owner thereof but it was M and N. Mr. X filed an action for specific performance to compel Z to deliver the property. Will the action prosper? explain.
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