Case Digest (G.R. No. L-11024)
Case Digest (G.R. No. L-11024)
Facts:
The Government of the Philippine Islands v. Myer Harris, Hugo Roseburg, and S. M. Berger, G.R. No. 11024, November 28, 1917, the Supreme Court En Banc, Street, J., writing for the Court.
The Government (plaintiff and appellee) sued Myer Harris and his sureties, Hugo Roseburg and S. M. Berger (defendants and appellants), in the Court of First Instance of the City of Manila for damages for alleged breach of a contract to operate the Government "Service Halls" at Baguio during the 1913 season. The contract awarded to Harris required him to superintend and conduct the Service Halls from February 1 to June 30, 1913; the Government agreed to furnish the Service Halls "free of charge" together with a complete equipment per inventory, and included a circular proposal with specifications incorporated into the contract.
The contract contained, among other provisions, (a) that the contractor was responsible for preservation of the building and all equipment and "shall return same in as good condition as when delivered, reasonable wear and tear excepted," and (b) that "the contractor shall be held liable for the cost of any articles lost, stolen, or damaged." The specifications also stated that distilled water and ice "may be obtained from the Quarter-master, Camp John Hay, at a reasonable rate," and that light and water would be furnished free; a chemical engine would be furnished.
At the end of the term the Government claimed Harris failed to return numerous items listed in the inventory (mainly tableware, linen, and fragile kitchen utensils), while Harris counterclaimed alleging Government breaches: (1) withdrawal of Quartermaster supplies forcing him to buy distilled water and ice at higher cost; (2) fewer boarders than estimated in the proposal; and (3) the Government season ending earlier than expected. At trial Harris offered fragments of broken articles which the Government rejected.
The Court of First Instance ruled for the Government. The defendants appealed to the Supreme Court. The parties submitted an agreed statement of facts including an affidavit by Harris saying he took over the equipment hurriedly on the Government inventory and had insufficient time to check when receiving it, while the Government performed a careful comparison when the property was returned. The Supreme Court reviewed the evidence, construed the contract clauses concerning "reasonable wear and tear" and liability for lost/stolen/damaged articles, evaluated the counterclaims, and modified the lower court's judgment by reducing the recovery to P196.93 for items deemed lost or stolen, affirming as thus modified.
Issues:
- Did the Government prove that the items listed as missing in Exhibit B were delivered to Myer Harris at the time he took charge of the Service Halls?
- Does the contractual phrase "reasonable wear and tear excepted" protect the contractor from liability for accidental breakage and other accidental injury to the equipment used in the Service Halls?
- Was the Government liable for Harris's alleged extra cost for distilled water and ice when the Quartermaster ceased supplying them?
- Did the Government become liable for Harris's alleged loss from having fewer boarders than estimated in its circular proposal?
- Was the Government liable for alleged damages resulting from the Government establishments withdrawing from Baguio earlier than expected, shortening the season?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)