GR L 2939; (October, 1906) (Digest)
Digest: G.R. No. L-2939 (Jaime Serra v. Go-Huna)
FACTS:
1. Plaintiff-Appellee: Jaime Serra (administrator of an estate) filed a lawsuit to recover payment for lumber allegedly sold to the defendant.
2. Defendant-Appellant: Go-Huna denied purchasing the lumber or receiving it from the plaintiff.
3. Evidence Presented:
– Plaintiff’s witnesses testified that the lumber was sold to the defendant.
– A receipt for part of the lumber was signed by an agent of the defendant (not the defendant himself).
– A bill was presented in the name of the plaintiff as administrator, but formal proof of his representative capacity (as administrator) was not explicitly established.
ISSUE:
1. Whether the plaintiff sufficiently proved:
– That the lumber belonged to the estate he administered.
– That he had legal authority (as administrator) to sell the lumber.
– That the defendant was liable for the unpaid price.
RULING:
1. Sufficiency of Evidence:
– The court held that while formal proof of the plaintiff’s representative capacity was lacking, the bill and receipt (in the plaintiff’s name as administrator), along with witness testimony, sufficed to establish the sale and debt.
– The defendant’s denial was outweighed by the plaintiff’s evidence.
2. Judgment Affirmed:
– The lower court’s decision in favor of the plaintiff was upheld.
– Costs were charged to the defendant.
– The case was remanded for execution after 20 days.
Concurring Justices: Arellano, C.J., Torres, Mapa, Johnson, Carson, and Willard.
(Note: The case illustrates that while formal proof of authority (e.g., administrator status) is preferable, circumstantial evidencesuch as documents and witness testimonymay suffice if uncontroverted.)
