S sold to B a specific car for P300,000 and promised to deliver on December 25. The next day, after the sale was made, he sold the same car to X and delivered it on him on the same day. If no delivery is made by S to B on December 26, which of the following is correct? A. S is not in default because there was no demand. B. S is in default, even if there was no demand. Hence, he will answer for damages. C. B can cancel the contract between S and X because the contract of S and B was perfected ahead of the contract with X. D. S is liable to B for the value of the car

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S sold to B a specific car for P300,000 and promised to deliver on December 25. The next day, after the sale
was made, he sold the same car to X and delivered it on him on the same day. If no delivery is made by S to B on December 26, which of the following is correct?

A. S is not in default because there was no demand.

B. S is in default, even if there was no demand.
Hence, he will answer for damages.
C. B can cancel the contract between S and X because the contract of S and B was perfected ahead of the contract with X.
D. S is liable to B for the value of the car

 

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