AgencyDPFebruary32014

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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.

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