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Primo Olivares, Et Al. Vs. Macario Leola, Et Al.

PRIMO OLIVARES plaintiff-appellee. COLEGIO DE SAN JOSE intervenor-appellee, vs. MACARIO LEOLA, ET AL, defendants-appellants.

G.R. No. L-6156 | 1955-06-30

D E C I S I O N


MONTEMAYOR, J.:

This is an appeal from an order of the Court of First Instance of Laguna, denying defendants-appellants' petition for relief under section 2, Rule 38, of the Rules of Court, on the ground that petitioners had failed to perfect their appeal within the reglementary period. The appeal involves only questions of law. For this reason, we adopt the facts as found by the trial court in its decision dated August 6, 1951, said facts and decision to serve as background in the consideration of the present appeal. Said decision is reproduced below:

"This is an action for the specific performance of personal delivery...