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Carmen Castellvi De Higgins, Et Al. Vs. George C. Sellner 041 Phil 142

CARMEN CASTELLVI DE HIGGINS and HORACE L. HIGGINS, plaintiffs-appellants, vs. GEORGE C. SELLNER, defendant-appellee.

G.R. No. 15825 | 1920-11-05

D E C I S I O N


MALCOLM, J .:

This is an action brought by plaintiffs to recover from defendant from of P10.000. The brief decision of the trial court held that the suit was premature, and absolved the defendant from the complaint, with the costs against the plaintiffs.

The basis of plaintiffs' action is a letter written by defendant George C. Sellner to John T. Macleod, agent for Mrs. Horace L. Higgins, on May 31, 1915, of the following tenor:

"DEAR SIR: I hereby obligate and bind myself, my heirs successors and assigns that if the promissory note executed the 29th day of May 1915 by the Keystone Mining Co W. H. Clarke, and John...