Cherry Amor Chao Case Digest Sales and Lease 2B Atty. Casino Beaumont v.

. Prieto 41 Phil 670 Araullo, J: Facts: Benito Legarda owns a parcel of land known as the Nagtajan Hacienda which he wanted to sell through his agent Benito Valdez; who is also his attorney in fact. Negotiations as to the purchase of land has been had between Benito Valdez and W. Borck. However, the parties eventually had a misunderstanding as to the three (3) month period which the agent Benito Valdez gave to Borck. It is an option period to buy the property. Issue: Whether the agreement between the parties constitutes a mere offer to sell or an actual contract of option? Held: There was not contract because there was no concurrence of the offer and acceptance of the thing and the cause which are to constitute a contract. An option is an accepted offer. It states the terms and conditions on which the owner is willing to sell or lease his land, if the holder elects to accept them within the time limited. As there can be no contract without the concurrence of the requisites of consent of the parties and cause of consideration of the obligation created, in order that a proposition or offer for sale may acquire the character of a contract it is necessary that there appear the expression of the will of the offeror and that of the offeree and the consent of both as well as the fact that there was a cause or consideration for the obligation which is the object of what was agreed upon. Promises being binding when and so long as they are accepted in the exact terms in which they are made it not being legally proper to modify the conditions imposed by the promisor without his consent then in order that the acceptance of a proposition or offer may be efficacious and the option be perfect and binding upon the parties thereto, it is necessary that such acceptance should be unequivocal and unconditional and the acceptance and proposition shall be without any variation whatsoever, so that whatever modifications or deviation from the terms of the offer annuls the latter and frees the offeror.