Civil Law, 2022 Bar — Question I-7

ESSAY

Brenda saw the online advertisement of Evelyn, who sells limited edition sneakers. Through an exchange of text messages, Evelyn and Brenda agreed that: (i) Evelyn will sell to Brenda a pair of brand-new sneakers for Php 25,000.00; (ii) Brenda will deposit the purchase price in Evelyn's bank account; and (iii) Evelyn will deliver the sneakers within ten days from deposit. Brenda deposited the purchase price and Evelyn acknowledged receipt thereof. Before the delivery of the sneakers, Evelyn received an offer from Rosela to buy the same sneakers for Php 35,000.00. Evelyn candidly tells Brenda that she is selling the sneakers at a higher price to another buyer, and sends this next message to Brenda: "Sis, may iba pala akong buyer na mas malaki yung offer, sorry! Balik ko nalang bayad mo, keri?" Evelyn claims that since the sneakers have not yet been delivered to Brenda, she can still withdraw the offer. Is Evelyn's contention tenable? Explain briefly. (5 points)

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