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https://www.lawyerly.ph/juris/view/c1e97?user=fbGU2WFpmaitMVEVGZ2lBVW5xZ2RVdz09
[PARSONS HARDWARE CO. v. EMLLIANO MORELOS ET AL.](https://www.lawyerly.ph/juris/view/c1e97?user=fbGU2WFpmaitMVEVGZ2lBVW5xZ2RVdz09)
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G. R. No. 34573

[ G. R. No. 34573, December 10, 1931 ]

PARSONS HARDWARE CO., INC. PLAINTIFF AND APPELLEE VS. EMLLIANO MORELOS ET AL. DEFENDANTS AND APPELLANTS.

D E C I S I O N

JOHNSON, J.:

This action was commenced in the Court of First Instance of Manila on March 9,  1928.   Its purpose was to recover on a promissory note a certain sum of money, together,with attorney's fees, interest and costs.

The defendants denied generally and specifically each and every allegation of the complaint.  By way of special defense they alleged that the automobile, which they had given as security for the payment of the promissory note was sold at public auction for P200.00 only, when the real value thereof was P3,000.00; and that said sale was illegal and not made in compliance with the requirements of the law.

Upon the issue thus presented the cause was brought on for trial.  After hearing the evidence the honorable E. P. Revilla, judge, reached the conclusion that the plaintiff was entitled to recover, and that the said automobile was sold at public auction in accordance with the requirements of the law, with due notice to the defendants; and rendered a judgment ordering them to pay to the plaintiff jointly and severally the sum of P3,777.84, of when the sum of P3,434.40 shall bear interest at  the rate of 12% from the 11th day of June, 1927, and the costs.   The dispositive t of the decision reads as follows!
"Por tanto,  se dicta eentencia condenando a los demandados Emiliano Morelos, Crisanta Guzman de Morelos y Lim Chu Ching a pagar,  mancomunada y solidariamente, a la demandante  la  cantidad  total  de P3,777.84  con intereses a  razon de 12%% al  año sobre la  suma de P3,434.40  desde el dia 11 de junio  de 1927  y las  costas  del juicio."
From that judgment  the defendants  appealed,  and now present questions  of law  and  fact.  Thsi principal contention is  that the sale  at public auction  of  the  automobile is illegal  and not made in compliance  with the  requirements  of  the law.

We  have made a careful examination of the  evidence, and are fully persuaded that  the findings and  conclusions of the lower court are  supported by  a great preponderance  of  the  evidence.  The judgment appealed from  is  in accordance with  the facts and the law,  and the same should be and  is hereby affirmed,  with costs. It is so ordered.

Ten days  after the  promulgation of this  decision final judgment will  be  entered,  and  five days thereafter the record be remanded  to the  court  below.

Avanceña,  C. J., Villamor,  Ostrand, and Villa-Real, JJ., concur.

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