Civil Law, 2011 Bar — Question 57

MULTIPLE CHOICE

Allan bought Billy's property through Carlos, an agent empowered with a special power of attorney (SPA) to sell the same. When Allan was ready to pay as scheduled, Billy called, directing Allan to pay directly to him. On learning of this, Carlos, Billy's agent, told Allan to pay through him as his SPA provided and to protect his commission. Faced with two claimants, Allan consigned the payment in court. Billy protested, contending that the consignation is ineffective since no tender of payment was made to him. Is he correct? A) No, since consignation without tender of payment is allowed in the face of the conflicting claims on the plaintiff. B) Yes, as owner of the property sold, Billy can demand payment directly to himself. C) Yes, since Allan made no announcement of the tender. D) Yes, a tender of payment is required for a valid consignation.

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