Contract Resolution Due to Non-Performance in Commutative Contract

The case concerns a contract where a party, having received an initial payment, failed to perform the agreed-upon work, leading the other party to seek the contract's resolution and the return of the down payment. The court rejected the appeal, affirming that in a commutative contract, the reciprocal obligations are interdependent, and thus, the party who has not executed their obligation cannot successfully demand performance from the other party, reinforcing the principle that non-performance by one party justifies the other's refusal to perform or demand for resolution.