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Rosario S. Vda. De Lacson, Et Al. Vs. Abelardo G. Diaz 087 Phil 150

ROSARIO S. VDA. DE LACSON, ET AL., plaintiffs-appellees, vs. ABELARDO G. DIAZ, defendant-appellant.

G.R. No. L-2837 | 1950-08-04

D E C I S I O N


TUASON, J.:

This case, here on appeal from the Court of First Instance of Negros Occidental, involves an interpretation of a pre-war contract of lease of sugar-cane lands and the liability of the lessee, defendant and appellant, to pay rent for the period during and immediately following the Japanese occupation. The defendant resisted payment of that rent on the theory of force majeure, and claims, besides, right to an extension of the lease to make up for the time when no cane was planted.

The material facts are set forth in the appealed decision as follows:

"It appears that on June 2, 1939, the plaintiff, Rosario S....