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 Summary (G.R. No. 4390)

Stipulations and Agreement at Trial

  • The court allowed the plaintiff to file an amended complaint, with the defendants agreeing that their previous answer would also apply to the amended complaint.
  • Exhibits A and B from the original complaint were accepted as part of the amended complaint.
  • The defendants acknowledged the truth of the amended complaint's allegations, except for claims regarding additional labor and compensation.
  • The original complaint asserted that the plaintiff completed a building under a written contract, but did not mention the delivery or acceptance of the property.

Defendants' Response and Counterclaim

  • The defendants denied the plaintiff's fulfillment of the contract and claimed no payment was due.
  • Basilia Alvarez, one of the defendants, counterclaimed, alleging the plaintiff violated contract conditions and detailed the specifications not met.
  • The counterclaim estimated reconstruction costs at P1,500 due to the plaintiff's non-compliance with the contract.

Amended Complaint and Acceptance of Work

  • The amended complaint included claims of additional work valued at P190 and stated that the defendants accepted the building without protest after completion.
  • The trial court found that P1,990 of the contract price remained unpaid and acknowledged the plaintiff's additional work valued at P170.
  • The court also found that the defendants had unused materials worth P440, leading to a judgment against them for P1,550.

Appeal and Evidence Admission

  • The plaintiff contended that the court's initial agreement precluded evidence showing non-compliance with the contract.
  • Despite the broad language of the court's statement, the conduct of the parties indicated that the defendants did not waive their counterclaim.
  • The plaintiff presented evidence of additional work and the building's acceptance, while the defendants introduced evidence supporting their counterclaim without objection from the plaintiff.

Understanding of the Stipulation

  • The agreement made at trial did not constitute a waiver of the defendants' counterclaim, as evidenced by the actions of all parties involved.
  • The plaintiff's lack of objection to the counterclaim evidence and the subsequent findings by the trial court indicated a ...continue reading

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