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J.M. Tuason & Co. Inc., vs. Court of Appeals, et al

J.M. TUASON & CO., INC., petitioner, vs. HON. COURT OF APPEALS, ALFONSO DE LEON and ROSARIO G. DE LEON, respondents.

G.R. No. L-41233 | 1979-11-21

D E C I S I O N

DE CASTRO, J:

Appeal by certiorari from the decision of respondent Court of Appeals (CA-G.R. No. 54695-R) affirming with modification the decision of the Court of First Instance of Manila in Civil Case No. 89119, which is an action based on warranty against eviction, and to recover the value of a subdivision lot at the time of eviction, plus damages.

The following facts may be regarded as without any dispute:

On January 31, 1952, petitioner J.M. Tuason & Co., Inc. executed, in favor of Ricardo de Leon, a contract to sell Lot No. 15, Block 460 of the Sta. Mesa Heights Subdivision containing an area of 1,703.6 square...