Case Summary (G.R. No. L-5897)
Claim Overview
The plaintiff seeks to recover the amount of P59,082.92, along with lawful interest from October 14, 1947—the date of a written demand for payment—and associated costs. The claim stems from a contract of agency established on November 7, 1946, wherein the plaintiff was to receive a commission of 2.5% on sales made through his efforts, along with an additional 50% of the difference between the authorized and actual sale prices.
Court Proceedings and Judgment
Following a trial where testimonies from the plaintiff, Fassett, and the defendant were presented, the court ruled in favor of the plaintiff, granting the claims as outlined in the complaint. The defendant’s motions for reconsideration and a new trial—based on purported newly discovered evidence—were denied.
Defendant's Contentions
The defendant argues that the sale of the coconut oil emulsion was an independent transaction occurring on October 16, 1946, and not covered under the agency agreement dated November 7, 1946. The defendant asserts that he had sufficiently compensated the plaintiff for this sale. However, the court found the defendant's claims to be unsupported by the evidence presented.
Evidence and Commission Entitlement
The evidence demonstrates that the sale in question was indeed linked to the agency agreement, as numerous documents leading to the agreement suggest that the transaction was part of the plaintiff's agency role. The court found that the plaintiff was entitled to the commission, including an argument that if the defendant had paid the plaintiff commissions on previous shipments, he should also pay the same on the most recent shipment.
Jurisdictional Issues
The defendant contended that the Court of First Instance of Manila lacked jurisdiction over the matter due to the contract being executed in New York; however, the court affirmed its jur
...continue readingCase Syllabus (G.R. No. L-5897)
Case Overview
- This case revolves around an action filed by King Mau Wu, the plaintiff and appellee, seeking to collect the amount of P59,082.92 along with lawful interests from October 14, 1947, and costs incurred.
- The claim arises from the sale of 1,000 tons of coconut oil emulsion, which the plaintiff sold as the agent of the defendant, Francisco Sycip, to Jas. Maxwell Fassett, who subsequently assigned it to Fortrade Corporation.
Agency Agreement Details
- A formal agency agreement was established through a letter dated November 7, 1946, in New York, which was accepted by the defendant on November 22, 1946.
- Under this agreement, the plaintiff was designated as the exclusive agent for selling Philippine coconut oil and its derivatives outside the country.
- The compensation structure included a commission of 2.5% on the total actual sale price and an additional 50% of the difference between the authorized sale price and the actual sale price.
Transaction Background
- The case specifically concerns the sale of 1,000 metric tons of coconut oil emulsion, with a letter of credit established for up to $400,000 in favor of Fassett.
- The plaintiff asserts he is owed a commission for this sale, which includes:
- A balance of $3,794.94 for commission on the last shipment of 379.494 tons.
- An additional $25,000, representing 50% of the difference between the authorize