Unformatted text preview: ed by plaintiff to defendant, Oria Hermanos & Co., and that the hemp and copra
shipped by the defendant were sold on commission to third persons — that is, to the aforesaid commercial
Third cross complaint: Defendant alleged that, by virtue of the said commission contract, Gutierrez
Hermanos sent to the firm of Oria Hermanos & Co., at different times according to the latter’s request,
193,310 sacks of rice alleged to have been purchased from third persons, wherefore Oria Hermanos & Co.
paid a certain stipulated percentage as commission or brokerage for the sales; but that now Oria Hermanos
& Co. have received information which it believes to be true, and so alleges, that the rice so forwarded had
not been purchased from third persons, but belonged to Gutierrez Hermanos who sold it directly to
defendant, collecting from the latter excessive prices, advance payments, commission and interest, all to
the fraud and injury of the defendant firm. Oria Hermanos & Co., therefore, prayed that Gutierrez Hermanos
be sentenced to render an account, duly supported by vouchers, of all the lots of rice forwarded to Oria
Hermanos, with a statement of the dates of the orders, amounts, dates of the purchases, names of
purchasers, amounts charged to Oria Hermanos & Co., etc.
SC: Oria Hermanos & Co., upon its accepting and approving the accounts which were presented to it by
Gutierrez Hermanos, as transcripts or copies from the latter’s books, did not have an opportunity to make
the required verification of the entries of rice contained in the said accounts or of the invoices of this article in
all their details, and whenever it has discovered that Gutierrez Hermanos, as commission agent, has made
overcharges or placed extra prices in addition to the 2 per cent commission, it has a right to demand
reimbursement of the excess in price which it had erroneously paid as principal
Fourth cross complaint: Defendant related that, by reason of the same commission contract existing
between the two firms, Gutierrez Hermanos had sent to Oria Hermanos & Co. various quantities of salt,
petroleum, tobacco groceries and beverages, and had collected a commission for the purchase t...
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This document was uploaded on 03/11/2014.
- Fall '14