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the plaintiff, retaining for his benefit the three gas heaters
and the four electric lamps.
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IMPERIAL, J.:
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that she call for the other furniture from the said Sheriff of
Manila 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.
The defendant was a tenant of the plaintiff and as such
occupied the latter's house on M. H. del Pilar street, No.
1175. On January 14, 1936, upon the novation of the
contract of lease between the plaintiff and the defendant,
the former gratuitously granted to the latter the use of the
furniture described in the third paragraph of the
stipulation of facts, subject to the condition that the
defendant would return them to the plaintiff upon the
latter's demand. The plaintiff sold the property to Maria
Lopez and Rosario Lopez and on September 14, 1936, these
three notified the defendant of the conveyance, giving him
sixty days to vacate the premises under one of the clauses
of the contract of lease. There after the plaintiff required
the defendant to return all the furniture transferred to him
for his use. The defendant answered that she may call for
them in the house where they are found. On November 5,
1936, the defendant, through another person, wrote to the
plaintiff reiterating that she may call for the furniture in
the ground floor of the house. On the 7th of the same
month, the defendant wrote another letter to the plaintiff
informing her that he could not give up the three gas
heaters and the four electric lamps because he would use
them until the 15th of the same month when the lease is
due to expire. The plaintiff refused to get the furniture in
view of the fact that the defendant had declined to make
delivery of all of them. On November 15th, before vacating
the house, the defendant deposited with the Sheriff all the
furniture belonging to the plaintiff and they are now on
deposit in the warehouse situated at No. 1521, Rizal
Avenue. in the custody of the said sheriff.
In their seven assigned errors the plaintiffs contend that
the trial court incorrectly applied the law: in holding that
they violated the contract by not calling for all the furni
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Judgment modified.
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