Unformatted text preview: to question the inclusion of the 2% monthly interest and 25%
attorney’s fees in the judicial compromise despite several opportunities to do so was tantamount to
ratification. Hence, he is estopped from assailing the validity thereof.
SC: Petition is Denied. The Decision of the Court of Appeals inCAG.R. CV No. 62237, which sustained the
trial court’s denial of petitioner’s motion to quash the writ of execution and to modify the compromise
judgment, is AFFIRMED. Art. 1899 If Agent Followed Instructions, Principal Cannot Set Up Agent’s Ignorance or
Circumstances Which Principal Was, or Ought to Have Been, Aware of
Cason v. Rickards, 5 Phil 611 (1906) GAUDIEL DOCTRINE: If Agent Followed Instructions, Principal Cannot Set Up Agent’s Ignorance or Circumstances Which
Principal Was, or Ought to Have Been, Aware of
Defendant Rickards was the agent at Dagupan of the other defendant, Smith, Bell & Co. While he
was such agent he received from the plaintiff, as a deposit, the sum of 2,000 pesos. When he left the
employ of the defendant company the 2,000 pesos were, by his orders, delivered to another agent of Smith,
Bell & Co. in that province, and Smith, Bell & Co. received ad used the same. This money was not mingled
with other money belonging either to Richards or to Smith, Bell & Co., and at the time of its delivery by
Rickards to the other agent he notified Smith, Bell & Co. that it was not the money of Smith, Bell & Co., but
was the money of the plaintiff.
Rickards testified that a few days after he received the 2,000 pesos from the plaintiff, and about the
8th day of October, 1896, he received from her an order or warrant upon the Spanish treasury for the sum of
4,200 pesos; that he wrote Smith, Bell & Co., asking if it could be collected; that they told him to send it to
Manila. It was sent to Manila, and collected through the Hongkong and Shanghai Bank.
Rickards testified that he received the money from the Hongkong and Shanghai Bank, and paid all
of it out...
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This document was uploaded on 03/11/2014.
- Fall '14