Monday, February 8, 2010

Chua Gui Seng vs. General Sales Supply Co. Inc., G. R. No. L-3974, April 28, 1952

Facts: Chua Gui Seng leased to the General Sales Supply Co. Inc., for a term of one year from June 1, 1948, at a monthly rental of P1,500 payable within the first five days of each month. Due to the failure of the defendant to pay the monthly rentals, Atty. Jesus B. Santos, as counsel for the plainiff appellant, wrote a letter dated Oct. 8, 1948, offering the defendant to pay back the rentals within 15 days to be able to continue the lease. On Oct. 18, 1948, the plaintiff filed in the Municipal Court a complaint for ejectment which was later on affirmed by the said court. The defendant filed an appeal to the CFI of Manila but later on dismissed. Thus constitute this appeal.

Issue: Whether or not the CFI of Manila erred in dismissing the complaint.

Held: Yes. The appealed decision is hereby reversed and the defendant-appellee is ordered to pay the plaintiff-appellant the sum of P3,000 as back rentals, without interest, to which one-half of the deposit of P3,000 may be applied, the other half being declared forfeited.

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