Miyerkules, Oktubre 5, 2011

Article 479

Duty of plaintiff to make certain Reimbursement for example A bought land thru an agent whose authority was not in writing. A then built a fence around the land. In action to quiet title, the principle will win, but he must reimburse A for the expenses for the fence, since this has redounded to his benefit. Moreover, in the above case for instance, any expenses made by A for the execution or registration of the contract( in case he paid such expenses must be reimburse. In general it maybe said that whenever the plaintiff is shown to be legally or morally bound to restore or reimburse, he must do so. This is because he who comes to equity must be equity and because the precise purpose of the action is merely to quiet title and not to obtain source pecuniary benefits.

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