4. That prior to the termination of the said agreement,Exhibit A, the defendant, Menzi & Co., Inc., duly notifiedthe plaintiff that it would not under any conditions renewhis said agreement or continue his said employment with itafter its expiration, and after the termination of saidagreement 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 fertilizerdepartment for the four months of 1927 covered byplaintiff's agreement and prepare a manufacturing andprofit and loss account and balance sheet of said businessshowing the status of said business at the termination ofsaid agreement, a copy of198198PHILIPPINE REPORTS ANNOTATEDBastida vs. Menzi & Co.which was shown to and explained to the plaintiff; that atthat time there were accounts receivable to be collected forbusiness covered by said agreement of over P100,000, andthere was guano, ashes, fine tobacco and other fertilizeringredients on hand of over P75,000, which had to bedisposed of by Menzi & Co., Inc., or valued by the parties,bef ore the net profits of said business for the period of theagreement could be determined; that Menzi & Co., Inc,,offered to take the face value of said accounts and the costvalue of the other properties f or the purpose ofdetermining the profits of said business for that period, andto pay to the plaintiff at that time his proportion of suchprofits 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 plaintiffcommenced 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 andmalicious allegations against the def endants; that sincethat time the said Menzi & Co., Inc., has been collectingthe accounts receivable and disposing of the stocks onhand, and there is still on hand old stock of approximately
hand, and there is still on hand old stock of approximatelyP25,000, which it has been unable to dispose of up to thistime; that as soon as possible a final liquidation andaccounting of the net profits of the business covered by saidagreement for the last f our months thereof will be madeand the share thereof appertaining to the plaintiff will bepaid to him; that the plaintiff has been informed from timeto time as to the status of the disposition of such properties,and he and his auditors have fully examined the books andrecords of said business in relation thereto.SECOND CAUSE OF ACTIONAs 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 auditorsof some of the books of the partnership that were furnished199VOL. 58, MARCH 31, 1933199Bastida vs. Menzi & Co.