CREDIT TRANSACTION CASE DIGEST/ QUINTOS VS. BECK/ 69 PHIL. 108 (1939)

CREDIT TRANSACTION CASE DIGEST
QUINTOS VS. BECK
69 PHIL. 108 (1939)

TOPIC/DOCTRINE

The contract entered into between the parties is one of commodatum, 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 latter's demand.

FACTS

The plaintiff brought this action to compel the defendant to return to her certain furniture which she lent him for his use. Defendant is a tenant of defendant. 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.

ISSUE

Whether the defendant complied with his obligation to return the furniture upon the plaintiff's demand.

RULING

The court held in the affirmative.

Here, the court held that the contract entered into between the parties is one of Commodatum, 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 latter's 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.

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