Title
Ang Toa vs. Alvarez
Case
G.R. No. 4390
Decision Date
Aug 24, 1908
Plaintiff claims unpaid contract price for building construction; defendants counterclaim for defects. Court rules acceptance under protest doesn’t waive damages, affirms judgment for plaintiff minus defect costs.
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Case Digest (G.R. No. 4390)

Facts:

1. Background of the Case:

  • The plaintiff, Ang Toa, entered into a written contract with the defendants, Basilia Alvarez and Pedro Martinez, to construct a building.
  • The plaintiff claimed to have fulfilled all obligations under the contract, completed the work on January 21, 1907, and alleged that the defendants had only partially paid the contract price.

2. Original Complaint:

  • The original complaint did not allege that the property had been delivered to or accepted by the defendants.
  • It also did not mention any additional work performed by the plaintiff beyond the contract terms.

3. Defendants' Response:

  • The defendants denied that the plaintiff had fulfilled the contract and claimed that nothing was owed to the plaintiff.
  • Basilia Alvarez filed a counterclaim, alleging that the plaintiff violated certain conditions of the contract and that it would cost P1,500 to reconstruct the building to comply with the contract terms.

4. Amended Complaint:

  • The plaintiff filed an amended complaint, which included allegations of additional work worth P190 and stated that the defendants had accepted the building without protest and were occupying it.

5. Trial Proceedings:

  • The court allowed the amended complaint, and the defendants agreed that the allegations were true, except for the claim of additional work.
  • The plaintiff presented evidence of additional work and the defendants' acceptance of the building.
  • The defendants presented evidence to support their counterclaim, which the plaintiff did not object to during the trial.

6. Court's Findings:

  • The court found that P1,990 of the contract price remained unpaid and that the plaintiff had performed additional work worth P170.
  • The court also found that the plaintiff had used materials of lesser dimensions, resulting in a loss of P440, and ordered judgment against the defendants for P1,550.

Issue:

  1. Whether the agreement at the opening of the trial constituted a waiver of the defendants' counterclaim.
  2. Whether the defendants' acceptance of the building under protest waived their right to claim damages for defects in construction.
  3. Whether the court erred in admitting evidence on the defendants' counterclaim despite the agreement.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)


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