Case Digest (G.R. No. L-18916)
Facts:
In JOSE ABESAMIS vs. WOODCRAFT WORKS, LTD. (141 Phil. 71, G.R. No. L-18916, November 28, 1969), plaintiff-appellee Jose Abesamis, trading as East Samar Lumber Mills, owned a timber concession and sawmill in Dolores, Samar. On November 8, 1950, Woodcraft Works, Ltd. agreed to purchase 300,000 board feet of Philippine round logs at ₱60 per thousand board feet. Due to adverse weather and appellant’s failure to dispatch vessels, only 13,068 board feet were shipped. The first contract was cancelled by mutual consent on January 22, 1951 and the ₱9,000 advances by appellant were carried forward to a new contract calling for 1,700,000 board feet—1,300,000 at ₱78 per thousand and 400,000 at ₱70—shipment to occur before July 31, 1951, but not earlier than April, subject to log and vessel availability. Only two shipments totaling 462,657 board feet were made in March and April 1951. On September 13, 1951, Abesamis sued in the Court of First Instance of Leyte for rescission and ₱155,000 inCase Digest (G.R. No. L-18916)
Facts:
- Parties and Initial Agreement
- Plaintiff-Appellee: José Abesamis, doing business as East Samar Lumber Mills, owner of timber concession and sawmill at Dolores, Samar.
- Defendant-Appellant: Woodcraft Works, Ltd., entered into a contract on November 8, 1950 to purchase 300,000 board feet of Philippine round logs at ₱60.00 per thousand board feet; only 13,068 board feet were delivered due to weather and vessel delays.
- Rescission and New Contract
- On January 22, 1951, the parties canceled the November 1950 contract; advances of ₱9,000.00 by defendant were credited to the new agreement.
- New terms: purchase of 1,700,000 board feet (1,300,000 at ₱78.00/M and 400,000 at ₱70.00/M); shipments to occur between April and the end of July 1951, with option for partial shipments based on availability of logs and vessels.
- Performance and Litigation
- Only two shipments were made: March 1951 (333,832 bf) and April 1951 (128,825 bf), totaling 462,657 board feet.
- On September 13, 1951, Abesamis sued for rescission of the January 22 contract and ₱155,000.00 in damages for alleged breach; Woodcraft Works denied liability, filed counterclaims, and appealed after an adverse decision.
Issues:
- Whether Woodcraft Works, Ltd. was obliged to furnish vessels to receive the logs.
- Whether Abesamis had sufficient logs available for shipment by the contract deadline of July 31, 1951.
- Whether the damages awarded by the trial court were properly supported and correctly computed.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)