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Unformatted text preview: n approved by the party whom it
concerns or interests, it is not proper to revise it, unless it should be proved that in its approval there was
deceit, fraud, or error seriously prejudicial to the party who gave such approval. ABSOLVED
Second cross complaint: This refers to the sale on commission of lots of hemp and copra by defendant to
plaintiff, until the close of the mercantile relations between both firms, it was alleged that for such sale or
sales on commission Gutierrez Hermanos collected a large and important commission of many thousands
of pesos and credited defendant in the current account with lesser prices than those obtained, and that
defendant received information that these lots of hemp and copra which were said to have been sold to third
persons were afterwards found to have been purchased by the firm of Gutierrez Hermanos itself, to the fraud,
injury, and prejudice of the defendant, Oria Hermanos & Co.; wherefore the latter prayed that plaintiff should
present a general and complete account, duly verified by vouchers and with the details specified, of each
and all of the shipments of hemp and copra forwarded to plaintiff from May, 1900, to 1909. These facts were
denied by plaintiff.
SC: The court, in view of the evidence adduced by both parties, held that the record showed absolutely no
proof that plaintiff, Gutierrez Hermanos, had committed any fraud or error prejudicial to defendant.
It was not proved that Gutierrez Hermanos credited in the current account a lesser price than that obtained
from the sale on commission of the lots of hemp and copra sent to it by Oria Hermanos & Co., for from the
documentary evidence consisting of accounts transmitted by plaintiff to the commercial firms of Stevenson 9 & Co. and Warner, Barnes & Co. (Limited), in collection of the price of hemp and copra acquired by these
houses, it appears that the prices fixed at sale to the latter are the same and agree with those specified in
the statements transmitt...
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This document was uploaded on 03/11/2014.
- Fall '14