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Hermanos vs. de Gorospe, Et. Al.

LEvY HERMANOS, INC., plaintiff-appellant, vs. MONICA DE GOROSPE and JOSE GOROSPE, defendants-appellees.

G.R. No. 48671 | 1942-09-30

D E C I S I O N

OZAETA, J:

On June 18, 1938, the plaintiff sued the defendants in the Court of First Instance of Manila for the replevin of one Terraplane automobile and the rescission of its sale, alleging that the purchaser, the defendant Monica de Gorospe, had failed to pay the series of promissory notes representing the balance of its purchase price, which fell due on the 21st of each of the months of November, 1937, to May, 1938, inclusive. On March 28, 1939, after the defendants had been declared in default for failure to answer the complaint, the attorney for the plaintiff filed a petition, with the conformity of the defendants,...