Scribd Logo
Upload

Welcome to Scribd!

  • 398 views

    Chavez Vs Gonzales G.R. No. L-27454

    Uploaded by

    Kristine Kristineee
    Rosendo Chavez brought his typewriter to Fructuoso Gonzales for repair but Gonzales was unable to complete the repairs. Chavez later retrieved the typewriter from Gonzales and discovered that some parts were missing. Chavez had the typewriter repaired by another shop, costing P89.85. Chavez sued Gonzales for damages. The court ruled that Gonzales was liable for breaching his obligation to properly repair the typewriter. Gonzales was ordered to pay P58.75 for the cost of repairs and P31.10 for the missing parts, as he failed to return the typewriter in the same condition as when it was received.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Chavez Vs Gonzales G.R. No. L-27454

    Uploaded by

    Kristine Kristineee
    398 views2 pages
    Rosendo Chavez brought his typewriter to Fructuoso Gonzales for repair but Gonzales was unable to complete the repairs. Chavez later retrieved the typewriter from Gonzales and discovered that some parts were missing. Chavez had the typewriter repaired by another shop, costing P89.85. Chavez sued Gonzales for damages. The court ruled that Gonzales was liable for breaching his obligation to properly repair the typewriter. Gonzales was ordered to pay P58.75 for the cost of repairs and P31.10 for the missing parts, as he failed to return the typewriter in the same condition as when it was received.

    Original Description:

    Oblicon

    Original Title

    Chavez vs Gonzales G.R. No. L-27454,

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Rosendo Chavez brought his typewriter to Fructuoso Gonzales for repair but Gonzales was unable to complete the repairs. Chavez later retrieved the typewriter from Gonzales and discovered that some parts were missing. Chavez had the typewriter repaired by another shop, costing P89.85. Chavez sued Gonzales for damages. The court ruled that Gonzales was liable for breaching his obligation to properly repair the typewriter. Gonzales was ordered to pay P58.75 for the cost of repairs and P31.10 for the missing parts, as he failed to return the typewriter in the same condition as when it was received.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    398 views2 pages

    Chavez Vs Gonzales G.R. No. L-27454

    Uploaded by

    Kristine Kristineee
    Rosendo Chavez brought his typewriter to Fructuoso Gonzales for repair but Gonzales was unable to complete the repairs. Chavez later retrieved the typewriter from Gonzales and discovered that some parts were missing. Chavez had the typewriter repaired by another shop, costing P89.85. Chavez sued Gonzales for damages. The court ruled that Gonzales was liable for breaching his obligation to properly repair the typewriter. Gonzales was ordered to pay P58.75 for the cost of repairs and P31.10 for the missing parts, as he failed to return the typewriter in the same condition as when it was received.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    G.R. No.

    L-27454                 April 30, 1970

    Rosendo O. Chavez, plaintiff-appellant

    vs.

    Fructuoso Gonzales, defendant-appellee

    REYES, J.B.L., J.:

    Facts: On July 1963, Rosendo Chavez brought his typewriter to Fructuoso Gonzales a typewriter
    repairman for the cleaning and servicing of the said typewriter but the latter was not able to
    finish the job. During October 1963, the plaintiff gave the amount of P6.00 to the defendant
    which the latter asked from the plaintiff for the purchase of spare parts, because of the delay of
    the repair the plaintiff decided to recover the typewriter to the defendant which he wrapped it
    like a package. When the plaintiff reached their home he opened it and examined that some parts
    and screws was lost. That on October 29, 1963 the plaintiff sent a letter to the defendant for the
    return of the missing parts, the interior cover and the sum of P6.00 (Exhibit D). The following
    day, the defendant returned to the plaintiff some of the missing parts, the interior cover and the
    P6.00. The plaintiff brought his typewriter to Freixas Business Machines and the repair cost the
    amount of P89.85. He commenced this action on August 23, 1965 in the City Court of Manila,
    demanding from the defendant the payment of P90.00 as actual and compensatory damages,
    P100.00 for temperate damages, P500.00 for moral damages, and P500.00 as attorney’s fees. The
    defendant made no denials of the facts narrated above, except the claim of the plaintiff that the
    cost of the repair made by Freixas Business Machines be fully chargeable against him.

    Issue: Whether or not the defendant is liable for the total cost of the repair made by Freixas
    Business Machines with the plaintiff typewriter?

    Ruling: 

    It is clear that the defendant-appellee contravened the tenor of his


    obligation because he not only did not repair the typewriter but returned it
    "in shambles", according to the appealed decision.  For such contravention,
    as appellant contends, he is liable under Article 1167 of the Civil
    Code, jam quot, for the cost of executing the obligation in a proper
    manner.  The cost of the execution of the obligation in this case should be
    the cost of the labor or service expended in the repair of the typewriter,
    which is in the amount of P58.75, because the obligation or contract was to
    repair it.
    In addition, the defendant-appellee is likewise liable, under Article 1170 of
    the Code, for the cost of the missing parts, in the amount of P31.10, for in
    his obligation to repair the typewriter he was bound, but failed or neglected,
    to return it in the same condition it was when he received it.

    You might also like