Saavedra Soler v. Central Coloso, Inc.
Saavedra Soler v. Central Coloso, Inc.
Opinion of the Court
Central Coloso, Inc. leased some premises to Manuel Saa-vedra. The term of the contract was for the natural life of the latter. The agreement was made in 1925 but in 1938 Central Coloso considered the contract terminated and deprived Saavedra of the use of the property which was devoted to a bakery and store. In 1956 Saavedra filed a suit against Central Coloso claiming the delivery of the premises as well as damages suffered which he estimated at $800,000.
The trial judge decided that the actions taken had prescribed. The sole question raised in this appeal is to determine whether this judgment is correct.
The action to enforce a contract is a personal one and the term of duration of these actions is for fifteen years after-, the obligation has become demandable, Civil Code,. § 1869, 31 L.P.R.A. § 5299.
It is unnecessary to consider whether the fact that the term of the contract is for the lifetime of one of the contracting parties converts it into a real right, since the case law has established that inscription in the registry is neces- •
The claim for damages for breach of contract is an ex contractu action which also prescribes after fifteen years. Section 1864 of the Civil Code, 31 L.P.R.A. § 5294; Camacho v. Catholic Church, 72 P.R.R. 332 (1951); Segarra v. Vivaldi, 55 P.R.R. 153 (1939).
Now, even supposing, as maintained by Saavedra, that a lifetime lease is a contract of continuous compliance or of successive performance and that the lessee has the right to the use of the property at any moment of his life “independently of any provision referring to prescription” the action could not be brought by reason of plaintiff’s laches. See: Labor Rel. Board v. Long Const. Co., 73 P.R.R. 242, 248 (1953) ; Vidal v. Monagas, 66 P.R.R. 588, 606 (1946) ; F. Rodríguez Hnos. & Co. v. Aboy, 66 P.R.R. 498, 511 (1946), where we have stated that the defense of laches lies when there is no prescriptive term. The facts which gave rise
The action of the trial judge was correct. The judgment appealed from rendered by the Superior Court, San Juan Part, on May 17, 1957, will be affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.