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LIM VS SABAN Facts: Ybez, owner of a lot entered into an Agency agreement with Saban authorizing the latter

to look for a buyer of the Lot, with 200k as selling price which he can mark up to cover commission and transfer expenses. Saban sold the lot to Lim in the amount of 600k. Lim issued four checks to Saban but Ybaez asked Lim to cancel said checks and pay the remaining amount directly to Ybaez. Saban filed a case against Ybaez and Lim. Pending case, Ybaez died without being substituted. RTC dismissed Sabans complaint, the four checks issued by Lim were stale and non-negotiable and the Latter was absolved. CA reversed the decision. ISSUE: Whether or not as agent, Saban is entitled to receive his commission and Lim should pay the same. RULING: The court affirms the CAs finding that agency was not revoked since Ybaez requested that Lim stop payment of the checks payable to Saban only after the consummation of the sale. At that time, Saban had already performed his obligation as agent when the Deed of Absolute Sale was executed. To deprive Saban of his commission subsequent to the sale which was consummated through his efforts would be a breach of his contract of agency. The logical conclusion of Court is that Lim changed her mind in agreeing to purchase the lot at 600k after talking to Ybaez and realizing that Sabans commission was higher than the share of the owner. It was sufficient to conclude Ybaez and Lim connived to deprive Saban of his commission by dealing with each other directly and reducing the price and leaving nothing to compensate Saban for his effort.

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