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Unformatted text preview: en refused to accept the statement as correct. Ojinaga accepted
the account as rendered and permitted Tomas Perez to continue in the administration of interest. A final
settlement was made in which it was agreed that Tomas Perez binds himself to pay Patricio Perez, on of
the two children, the sum of 12, 053.54 pesos, as profits, together with interest. He agreed to pay other
heirs who joined the agreement except for Eladio Ojinaga.
From the testimony of Patricio Perez, this agreement was a compromise settlement an that this sum of
12,000 pesos included interest, costs, and expenses.
Issue: WON Eladio Ojinaga is entitled to the sum of 12, 053.54?
Tomas Perez rendered to Eladio Ojinaga an account of the administration from April 1, 1893 to October 25,
1894. Ojinaga stated in writing his consent to this account and left to the administration of Tomas all the
property which belonged to him coming from the estate. The rendition of this account and the agreement of
Ojinaga to the correctness thereof constituted a contract between these parties, a contract which can be
set aside only upon the grounds upon which any other contract can be annulled. The claim of nullity of the
contract through fraud cannot be accepted, because no contract can be set aside on the ground of fraud if
the person who claims to be defrauded knew all of the fact upon which his claim of fraud is based.
Tomas even advised Ojinaga to claim his part of the sum under litigation. Knowing all the facts in the case,
he not only did not join in litigation commenced for the purpose of securing a true statement of the profits
but expressly refused to do so and censured the persons who promoted such litigation. 21 Petition is denied.
No ruled of law is better settled than that an agent can not retain for his own use profits made in the course
of the agency. Such profits belong to the principal. The wellsettled and salutary principle that a person who
undertakes to act for another shall not, in the same matter, act for himse...
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This document was uploaded on 03/11/2014.
- Fall '14