Case Digest (G.R. No. 16224)
Facts:
Pedro Cui v. Sun Chan (alias Sanchay), G.R. No. 16224, March 27, 1921, the Supreme Court En Banc, Villamor, J., writing for the Court.The plaintiff-appellant, Pedro Cui, was the lessor under a lease contract with the defendant-appellee, Sun Chan, the lessee. A clause in the lease (subdivision (d) of the first paragraph) provided that the lessee "binds himself not to make any construction upon the property without the permission of the lessor, and in case he should do so, making any improvement thereon, it shall in all cases be for the benefit of the property, without any right to ask for reimbursement for its cost."
At the trial court the factual finding was made that the defendant had, without the permission of the plaintiff, constructed additions at the rear of the leased property consisting of two awnings. The trial court concluded as a matter of law that, although the lessee had made such constructions without the lessor's permission, the lessor nevertheless had no right to rescind the lease under clause (d). The defendant did not appeal the trial court's judgment.
The plaintiff appealed the adverse legal conclusion by filing the proper bill of exceptions, bringing the case to the Supreme Court. The appellant argued principally (1) that the trial court erred in interpreting subdivision (d) as permitting the lessee to do any work without the lessor's consent and (2) that, even if subdivision (d) permitted improvements generally, it did not permit works detrime...(Subscriber-Only)
Issues:
- Did subdivision (d) of the lease prohibit the lessee from making constructions on the property without the lessor's permission, or did it permit the lessee to do works without consent?
- Does a lessor have the right to rescind a lease for the lessee's breach of a contractual prohibition against making construct...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)