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Macondray & Co. vs. de Santos

MACONDRAY & CO., INC., plaintiff-appellant, vs. PRAXEDES R. DE SANTOS, defendant-appellee.

G.R. No. 42416 | 1935-04-09

D E C I S I O N


GODDARD, J:

In this case the defendant demurred to the complaint, the trial court sustained the demurrer and gave the plaintiff five days within which to amend, if it so desired. Within the time designated the plaintiff excepted to the order sustaining the demurrer and gave notice that it elected to stand upon its complaint and thereupon the lower court, upon motion of the defendant, dismissed the complaint with costs against the plaintiff. In due time the plaintiff excepted to the order dismissing the complaint and moved for a new trial. Upon the denial of this motion the plaintiff excepted and upon appeal to this court...