Gutierrez denied and alleged that it has been

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Unformatted text preview: laims against the plaintiff, Gutierrez Hermanos, and specifically denied such of the allegations of the complaint as were not in agreement with its answer. (please see the summary of each cross complaint and counterclaim below) TC: Trial Court ordered Oria Hermanos to pay Gutierrez the sum of P147,204.28 plus interest. On the other hand, Guitierrez was also liable [liabililty vary for each cross complaint and counterclaim] ISSUE (as far as agency in concerned): WON the acts of Gutierrez were in conformity with the instructions of its principal – generally yes. HELD: We sentence the commercial firm of Oria Hermanos & Co. to the payment of the sum of P147,204.28 and of the stipulated interest at the rate of 8 per cent per annum from June 30, 1909, after deduction of all the sums which as balances in favor of defendant may result from the accounts to be rendered by Gutierrez Hermanos, in conformity with the findings made, especially in reference to the second, third, and fourth cross­complaints NOTE: Below are the brief summary of the cross complaints and counter claims followed by its SC Decisions to avoid confusion First cross complaint: Oria prayed that the plaintiff, Gutierrez Hermanos, be compelled to render and present a general, final, complete and verified account, pursuant to the agreement made between both parties, inasmuch as plaintiff bound itself to send periodically to defendant a note or numerical extract of the current account, and in case the mercantile relations between both firms should come to an end or be finally closed, Gutierrez Hermanos bound itself to present a general and complete account, duly supported by vouchers, and defendant, in accepting and approving the semiannual accounts rendered by plaintiff, did not waive its right to demand the general account agreed upon, at the time of the final closing of the said current account, the obligation to furnish which was not complied with by the plaintiff, Gutierrez Hermanos. Gutierrez denied and alleged that it has been submitting the necessary documents for nine years already and there were instances that Oria approved the said documents. SC: When an account has been presented or rendered and has bee...
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This document was uploaded on 03/11/2014.

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