This case has been cited 1 times or more.
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2015-08-26 |
CARPIO, J. |
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| As previously held by the Court, "the injured party is the party who has faithfully fulfilled his obligation or is ready and willing to perform his obligation."[64] From the foregoing, it is clear that Pacific is the injured party, entitled to elect between rescinding of the contract and exacting fulfillment of the obligation. It has opted for the remedy of specific performance, as embodied in its Amended Complaint. | |||||