The contention of Nante is not tenable. The deed itself states that for consideration received, he sells, transfers, and conveys the land to Monica…

The question

The contention of Nante is not tenable. The deed itself states that for consideration received, he sells, transfers, and conveys the land to Monica and there was delivery of the property to the latter. The contract is clearly one of sale as there was no reservation of ownership on the part of the seller Nante. The non-payment of the price in a contract of sale would only entitle the seller to rescind the contract but it does not thereby prevent the transfer of ownership particularly so as in this case, where there was already delivery to the buyer. V. What is the effect of preterition ?

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