That prior to the termination of the said agreement Exhibit A the defendant

That prior to the termination of the said agreement

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4. That prior to the termination of the said agreement, Exhibit A, the defendant, Menzi & Co., Inc., duly notified the plaintiff that it would not under any conditions renew his said agreement or continue his said employment with it after its expiration, and after the termination of said agreement of April 27, 1927, the said Menzi & Co., Inc., had the certified public accountants, White, Page & Co., audit the accounts of the business of its said fertilizer department for the four months of 1927 covered by plaintiff's agreement and prepare a manufacturing and profit and loss account and balance sheet of said business showing the status of said business at the termination of said agreement, a copy of 198 198 PHILIPPINE REPORTS ANNOTATED Bastida vs. Menzi & Co. which was shown to and explained to the plaintiff; that at that time there were accounts receivable to be collected for business covered by said agreement of over P100,000, and there was guano, ashes, fine tobacco and other fertilizer ingredients on hand of over P75,000, which had to be disposed of by Menzi & Co., Inc., or valued by the parties, bef ore the net profits of said business for the period of the agreement could be determined; that Menzi & Co., Inc,, offered to take the face value of said accounts and the cost value of the other properties f or the purpose of determining the profits of said business for that period, and to pay to the plaintiff at that time his proportion of such profits on that basis/which the plaintiff refused to accept, and being disgruntled because the said Menzi & Co., Inc., would not continue him in its service, the said plaintiff commenced this action, including therein not only Menzi & Co., Inc., but also its managers J. M. Menzi and P. C. Schlobohm, wherein he knowingly make various false and malicious allegations against the def endants; that since that time the said Menzi & Co., Inc., has been collecting the accounts receivable and disposing of the stocks on hand, and there is still on hand old stock of approximately
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hand, and there is still on hand old stock of approximately P25,000, which it has been unable to dispose of up to this time; that as soon as possible a final liquidation and accounting of the net profits of the business covered by said agreement for the last f our months thereof will be made and the share thereof appertaining to the plaintiff will be paid to him; that the plaintiff has been informed from time to time as to the status of the disposition of such properties, and he and his auditors have fully examined the books and records of said business in relation thereto. SECOND CAUSE OF ACTION As a second cause of action plaintiff alleged: I. That the plaintiff hereby reproduces paragraphs I, II, III, IV, and V of the first cause of action. II. That the examination made by the plaintiff's auditors of some of the books of the partnership that were furnished 199 VOL. 58, MARCH 31, 1933 199 Bastida vs. Menzi & Co.
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