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...
View Full Document
- Fall '14
- gutierrez hermanos, B.A. Finance Corporation