by nobody

SI-BOCO v. YAP TENG, GR No. 3025, 1906-11-23

Facts:

This is an action by the plaintiff to recover from the defendant the sum of P1,442.95, alleged to be due him from the latter.

The evidence shows that for a period of three years, more or less, the plaintiff had been furnishing to the defendant native cloth for the latter's store in the city of Manila. The goods were at first furnished on credit, hut the business relations of the parties ceased... entirely in 1004. The defendant had a partner by the name of Yapsuan, who was the manager of the business. The defendant introduced him to the plaintiff as such manager, and told him that Yapsuan had authority from him to receive the cloth, and that the value thereof should be... charged to his, the defendant's account, and in fact the cloth was, as a rule, received by Yapsuan from the plaintiff, it became necessary for Yapsuan to return to China in 1902 on account of ill health and a liquidation of the accounts between the plaintiff and the defendant... was made in December of (he said year, showing a balance of Pl ,444.05 in favor of the plaintiff, which the defendant expressly undertook to pay.

The plaintiff himself testifled that the defendant had paid cash for such goods, but alleged that the latter had paid nothing on account of the... balance due after the said liquidation.

His testimony upon this point has not been contradicted in any way and it is apparent from such testimony that the P1 ,810.87 represented the value of the goods for which the defendant paid cash.

Issues:

It is contended by the appellant that the court below erred in not finding that, the only indebtedness of the defendant being Pl,442.05 according to the liquidation made in December, 1002, he having thereafter paid the sum of Pl,810.S7 as alleged in the complaint, and in... default of proof as to the value of the goods furnished to the defendant, after that date, the plaintiff could not maintain an action to recover the said sum.

The appellant finally contends that the goods having been furnished to and received by the partnership between himself and Yapsuan, and the accounts of the same not having been liquidated, this action should have been brought against the partnership itself, or against the... partners jointly, and not against the defendant only.

Ruling:

the fact remains that the defendant in this case was the only one who contracted with the plaintiff in his own name, as appears from the latter's testimony. When the defendant told the plaintiff that he... had authorized Yapsuan to receive the goods, he instructed the plaintiff to charge them to him (the defendant) personally.

The defendant, moreover, undertook personally to pay the balance due the plaintiff, after the liquidation made in December, 1902, such being the sum sought... to be recovered in this case, as appears from the testimony of the plaintiff and that of the two witnesses who took part in the said liquidation. Consequently the court below properly allowed the plaintiff to maintain this action against the defendant.

The judgment appealed from... is accordingly affirmed with the costs of this instance against the appellant.

Principles: