In the absence of a written agreement defendants

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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.

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