Question
28. D1, D2 and D3 obliged themselves jointly and severally to give C a specific car worth P120,000. On due date, C demanded delivery but
28. D1, D2 and D3 obliged themselves jointly and severally to give C a specific car worth P120,000. On due date, C demanded delivery but the debtors failed to deliver. The next day, while D1 is still in possession of the car, it got lost due to typhoon Ulysses. The right of C is:
(A) none, the obligation is totally extinguished.
(B) proceed against any of the debtors for the P120,000 plus damages.
(C) proceed against D1 only, because he was in possession when the car got lost.
(D) proceed against any of the debtors for the value without damages.
Brief explanation will help, thanks!
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