MAXIMILIANO SANCHO, plaintiff and appellant, vs. SEVERIANO LIZARRAGA, defendant and appellee.

JUDGMENT; APPEAL FROM AN ORDER ON RENDITION OF ACCOUNTS.—In accordance with the doctrine laid down in the case of Natividad vs. Villarica (31 Phil., 172), it is held that an appeal taken from a decision ordering the rendition of accounts is deemed premature. PARTNERSHIP; FAILURE OF PARTNER TO PAY THE WHOLE AMOUNT PROMISED; RESPONSIBILITY.— Owing to the defendant's failure to pay to the partnership the whole amount which he bound himself to pay, he became indebted to it' for the remainder, with interest and any damages occasioned thereby, but the plaintiff did not thereby acquire the right to demand rescission "of the partnership contract under article 1124 of the Civil Code. ID.; ID.; ID.; STATUTORY CONSTRUCTION.—Article 1124 of the Civil Code cannot be applied to the case in question, because it refers to the resolution of obligations in general, whereas articles 1681 and 1682 specifically refer to the contract of partnership in particular. And it is a well known principle that special provisions prevail over general provisions.