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[Commodatum] use of the furniture to the defendant, reserving for herself the

01 QUINTOS & ASALDO v. BECK ownership thereof.

November 3, 1939 | Imperial, J. | ● The obligation voluntarily assumed by the Beck to return the
furniture upon Quintos’s demand, means that he should return all
Petitioner/s: MARGARITA QUINTOS and ANGEL A. ANSALDO of them to the Quintos at her residence.
Respondent/s: BECK ● Beck did not comply with this obligation when he merely
placed them at the disposal of Quintos, retaining for his benefit
Facts: the three gas heaters and the four electric lamps.
● Beck was a tenant of the Quintos & Asaldo and as such occupied ● The Court could not legally compel Quintos to bear the expenses
the latter's house on M. H. del Pilar St. occasioned by the deposit of the furniture at Beck’s behest.
● Upon the novation of the contract of lease between the Quintos ● Beck, as bailee, was not entitled to place the furniture on deposit;
and Beck, the former gratuitously granted to the latter the use of nor was Quintos under a duty to accept the offer to return the
the furniture. furniture, because Beck wanted to retain the three gas heaters
● This was subject to the condition that Beck would return them to and the four electric lamps.
Quintos upon the latter's demand.
● Quintos sold the property to Maria and Rosario Lopez. Dispositive
● On September 14, 1936, these three notified Beck of the The appealed judgment is modified and the defendant is ordered to return
conveyance, giving him sixty days to vacate the house. and deliver to the plaintiff, in the residence to return and deliver to the
● Quintos required Beck to return all the furniture transferred to plaintiff, in the residence or house of the latter, all the furniture described
him. in paragraph 3 of the stipulation of facts Exhibit A.The expenses which
● On November 5, 1936, Beck, through another person, wrote to may be occasioned by the delivery to and deposit of the furniture with the
Quintos reiterating that she may call for the furniture in the Sheriff shall be for the account of the defendant. The defendant shall pay
ground floor of the house. the costs in both instances. So ordered.
● On the 7th of the same month, Beck wrote another letter to
Quintos informing her that he could not give up the three gas Notes
heaters and the four electric lamps because he would use them
until the 15th of the same month when the lease in due to expire.
● Quintos refused to get the furniture in view of the fact that the
defendant had declined to make delivery of all of them.
● On November 15th, before vacating the house, the defendant
deposited with the Sheriff all the furniture belonging to the

W/N – Beck complied with his obligation to deliver the furniture at
Quintos’s command – NO
● The contract entered into between the parties is one of
commodatum, because under it Quintos gratuitously granted the

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