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Telengtan Brothers & Sons, Inc. Vs. Court Of Appeals, Et Al.

TELENGTAN BROTHERS & SONS, INC. (LA SUERTE CIGAR & CIGARETTE FACTORY), petitioner, vs. THE COURT OF APPEALS, KAWASAKI KISHEN KAISHA, LTD. and SMITH, BELL & CO., INC., respondents.

G.R. No. 110581 | 1994-09-21

D E C I S I O N


MENDOZA, J.:

This is a petition for review of the decision of the Court of Appeals, 1 in CA-G.R. CV No. 09514, affirming with modification the decision of the Regional Trial Court in a case for specific performance brought by petitioner.

Private respondent Kawasaki Kishen Kaisha, Ltd. (K-Line) is a foreign shipping company doing business in the Philippines, its shipping agent being respondent the Smith, Bell & Co., Inc. It is a member of the Far East Conference, the body which fixes rates by agreement of its member-shipowners. The conference is registered with the U.S. Federal Maritime Commission. 2

On May 8, 1979, the...