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Unformatted text preview: was entitled to receive the amount agreed upon as commission for such collection. Oria’s
assertion that Gutierrez Hermanos did nothing for the collection of the P400,000, the amount of the
charterage for the boats of Oria Hermanos & Co., is contradicted by several letters written by Oria himself to
Gutierrez Hermanos relative to the collection of the charterages due for the launches Golondrina and Adela,
and for this purpose he sent the proper vouchers for such collection. Consequently there is neither reason
nor legal ground to prevent our holding as proper the finding established by the trial court that Oria
Hermanos & Co. did, with due knowledge of the matter, approve the amount of the commissions collected
by Gutierrez Hermanos on the sums it had collected as charterage for the defendant’s boats, in accordance
with the agreement made between the parties, which defendant can not repudiate, nor can its regret for the
part it took therein avail it for the reimbursement sought in its fifth counterclaim. ABOLVED
Sixth counterclaim: The object of the sixth counterclaim is the recovery of P31,000, in which amount
defendant, Oria Hermanos & Co., alleged it was injured by Gutierrez Hermanos having arbitrarily charged in
the current account compound interest at the rate of 8 per cent per semester from the year 1900 up to the 12 time of the closing of the said current account, while the agreement made between both firms upon opening
the said account was that the latter should bear a mutual interest of 8 per cent per annum only.
SC: Upon the execution of the contract which was the origin of the mercantile relations between Gutierrez
Hermanos and Oria Hermanos & Co., the stipulations made between both parties were not set forth in any
document, they being content with a verbal agreement in which it was stipulated that the rate of interest of
the reciprocal current account to be kept between them should be 8 per cent, without determining whether
such interest was to fall due annually, as affirmed by Tomas Oria, the manager of Oria Hermanos & Co., or
semiannually, as contended by Gutierrez Hermanos. However, it is certain that in the seventeen accounts
presented by plaintiff to defendant, at the end of each period of six months from 1900 to December 31, 1908,
embracing nearly nine years, the interest due was liquidated every six months in the rec...
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This document was uploaded on 03/11/2014.
- Fall '14