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
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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
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
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VOL. 58, MARCH 31, 1933
199
Bastida vs. Menzi & Co.
