[G.R. No. 30668. August 28, 1929. ]
SABAS BUSTAMANTE ET AL., Plaintiffs-Appellants, v. JOSE M. RATO Y TUASON ET AL., Defendants-Appellees.
Harvey & O’Brien, Guevara, Francisco & Recto and Camus & Delgado for Appellants.
Araneta & Zaragoza for Appellees.
1. CONTRACT; SPECIFIC PERFORMANCE; SALE OF LAND. — Where a contract for the sale of land has been performed as between the parties thereto, no action can be maintained by a third party against the vendor to compel the latter to convey additional land to the plaintiff, on the ground that the vendee under the contract was agent of the latter, it not appearing that the vendor had notice that the purchaser under the contract was acting in a representative capacity.
2. ID.; ID.; ID.; LIABILITY OF OCCUPANT FOR VALUE OF USE AND OCCUPATION. — One who admits the title of land to be in another and who unsuccessfully asserts a right to purchase it under a contract made in favor of another is liable to the owner for the use of the land during the period of his occupation.
D E C I S I O N
On December 18, 1924, this court made a decision in Gonzalo Tuason Et. Al., petitioners (G. R. No. 22510 1), in which Sabas Bustamante Et. Al., appeared in the r