Case Digest (G.R. No. 46240)
Facts:
In Margarita Quintos and Angel A. Ansaldo v. Beck, G.R. No. 46240, decided on November 3, 1939 under the 1935 Philippine Constitution, the plaintiffs were the lessors of a house on M. H. del Pilar Street, No. 1175, Manila, and the defendant was their tenant. On January 14, 1936, by novation of the original lease, the plaintiffs gratuitously granted the defendant the use of specified furniture—three gas heaters, four electric lamps, and other household items—on the express condition that he would return them upon demand. Later that year the property was sold to Maria and Rosario Lopez, who, with the plaintiffs, notified the defendant on September 14, 1936 to vacate within sixty days. Thereafter the plaintiffs formally demanded the return of all furniture; the defendant refused to deliver three gas heaters and four electric lamps, insisting the plaintiffs call at the house to collect the items. On November 15, 1936, before vacating, the defendant deposited the entire furniture witCase Digest (G.R. No. 46240)
Facts:
- Parties and initial contract
- Margarita Quintos (plaintiff) owned a house at No. 1175 M. H. del Pilar Street, Manila, rented to Angel A. Ansaldo (defendant).
- On January 14, 1936, by novation of the lease contract, plaintiff gratuitously granted defendant the use of certain furniture, stipulating that he would return them upon demand.
- Termination of lease and demand for return
- On September 14, 1936, plaintiff sold the property to Maria Lopez and Rosario Lopez, who notified defendant and gave him 60 days to vacate under the lease agreement.
- Plaintiff thereafter demanded the return of all furniture; defendant replied that plaintiff could “call for them in the house.”
- On November 5 and 7, 1936, defendant reiterated that plaintiff might retrieve the furniture at the ground floor but said he would retain three gas heaters and four electric lamps until November 15, 1936.
- Deposit with the Sheriff and lower court judgment
- On November 15, 1936, before vacating the premises, defendant deposited all the furniture with the Manila Sheriff; items were held in a warehouse at No. 1521 Rizal Avenue.
- The Court of First Instance of Manila ordered defendant to return the three gas heaters and four electric lamps and allowed plaintiff to collect the rest at her expense; deposit fees were to be shared pro rata; no costs were awarded.
- Plaintiffs appealed, assigning seven errors: misapplication of contract obligations, failure to award value for undelivered items, imposition of retrieval expenses on plaintiff, apportionment of deposit fees, denial of costs, and refusal of reconsideration and new trial.
Issues:
- Did the defendant comply with his obligation to return all the furniture upon plaintiff’s demand?
- Is plaintiff required to bear the expenses of deposit or retrieval of the furniture from the Sheriff?
- Is plaintiff entitled to recover the value of any furniture not returned by the defendant?
- Who should bear the costs of litigation?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)