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LABRADOR, J.:
Appeal from the judgment of the Court of First Instance of
Manila, Hon. Bienvenido A. Tan, presiding, dismissing
plaintiff's complaint as well as defendant's counterclaim.
The appeal is prosecuted by plaintiff.
The record discloses that on June 17, 1945, defendant
Yang Chiao Seng wrote a letter to the plaintiff Mrs.
Rosario U. Yulo, proposing the formation of a partnership
between them to run and operate a theatre on the premises
occupied by former Cine Oro at Plaza Sta. Cruz, Manila.
The principal conditions of the offer are (1) that Yang
Chiao Seng guarantees Mrs. Yulo a monthly participation
of P3,000, payable quarterly in advance within the first 15
days of each quarter, (2) that the partnership shall be for a
period of two years.and six months, starting from July 1,
1945 to December 31, 1947, with the condition that if the
land is expropriated or rendered impracticable for the
business, or if the owner constructs a permanent building
thereon, or Mrs. Yulo's right of lease is terminated by the
owner, then the partnership
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