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    GR 46240

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    Kaye
    Beck was a tenant of Quintos and was granted use of furniture owned by Quintos. When Quintos demanded return of the furniture, Beck refused to return 3 gas heaters and 4 electric lamps, instead depositing all furniture with the sheriff. The court found that Beck did not comply with his contractual obligation to return all furniture to Quintos, as placing it with the sheriff did not constitute return. As the breaching party, Beck was ordered to pay all fees and costs associated with resolving the dispute.

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    GR 46240

    Uploaded by

    Kaye
    216 views2 pages
    Beck was a tenant of Quintos and was granted use of furniture owned by Quintos. When Quintos demanded return of the furniture, Beck refused to return 3 gas heaters and 4 electric lamps, instead depositing all furniture with the sheriff. The court found that Beck did not comply with his contractual obligation to return all furniture to Quintos, as placing it with the sheriff did not constitute return. As the breaching party, Beck was ordered to pay all fees and costs associated with resolving the dispute.

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    7. GR 46240

    Original Title

    7. GR 46240

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    Beck was a tenant of Quintos and was granted use of furniture owned by Quintos. When Quintos demanded return of the furniture, Beck refused to return 3 gas heaters and 4 electric lamps, instead depositing all furniture with the sheriff. The court found that Beck did not comply with his contractual obligation to return all furniture to Quintos, as placing it with the sheriff did not constitute return. As the breaching party, Beck was ordered to pay all fees and costs associated with resolving the dispute.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    216 views2 pages

    GR 46240

    Uploaded by

    Kaye
    Beck was a tenant of Quintos and was granted use of furniture owned by Quintos. When Quintos demanded return of the furniture, Beck refused to return 3 gas heaters and 4 electric lamps, instead depositing all furniture with the sheriff. The court found that Beck did not comply with his contractual obligation to return all furniture to Quintos, as placing it with the sheriff did not constitute return. As the breaching party, Beck was ordered to pay all fees and costs associated with resolving the dispute.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    MARGARITA QUINTOS and ANGEL A. ANSALDO vs.

    BECK
    G.R. No. L-46240
    November 3, 1939
    FACTS:
    Beck was a tenant of Quintos. Upon the novation of the contract of lease, Quintos
    gratuitously granted to Beck the use of the furniture, subject to the condition that
    Beck would return them to Quintos upon demand. Quintos sold the property to
    Maria and Rosario Lopez and they notified Beck of the conveyance, giving him sixty
    days to vacate the premises. Thereafter Quintos required Beck to return all the
    furniture transferred to him. Beck refused to return 3 gas heaters and 4 electric
    lamps since he would use them until the lease was due to expire. Quintos refused to
    get the furniture since Beck had declined to return all of them. Beck deposited all
    the furniture belonging to Quintos to the sheriff.
    Quintos brought this action to compel Beck to return the furniture. She appealed
    from the judgment of the CFI which ordered that the defendant return to her the
    three heaters and the four electric lamps in the possession of the Sheriff, that she
    call for the other furniture from the said sheriff at her own expense, and that the
    fees which the Sheriff may charge for the deposit of the furniture be paid pro rata
    by both parties, without pronouncement as to the costs.
    ISSUE: Whether or not Beck complied with his obligation of returning the furniture
    to Quintos when he deposited the furniture with the Sheriff.
    HELD:
    NO. The contract entered into between the parties is one of commadatum,
    because under it the plaintiff gratuitously granted the use of the furniture to the
    defendant, reserving for herself the ownership thereof. By this contract the
    defendant bound himself to return the furniture to the plaintiff, upon the latters
    demand. The obligation voluntarily assumed by the defendant to return the
    furniture upon the plaintiff's demand, means that he should return all of
    them to the plaintiff at the latter's residence or house. The defendant did not
    comply with this obligation when he merely placed them at the disposal of the
    plaintiff, retaining for his benefit the three gas heaters and the four electric lamps.
    As the defendant had voluntarily undertaken to return all the furniture to the
    plaintiff, upon the latter's demand, the Court could not legally compel her to bear
    the expenses occasioned by the deposit of the furniture at the defendant's behest.
    The defendant, as bailee, was not entitled to place the furniture on deposit; nor was
    the plaintiff under a duty to accept the offer to return the furniture, because the
    defendant wanted to retain the three gas heaters and the four electric lamps.
    The defendant was the one who breached the contract of commodatum, and
    without any reason he refused to return and deliver all the furniture upon the

    plaintiff's demand. In these circumstances, it is just and equitable that he pays the
    legal expenses and other judicial costs which the plaintiff would not have otherwise
    defrayed.

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