G.R. No. 2151

FACTS:
Phil Seldner entered into three separate contracts with defendant Juan Victor Molina for the sale of merchandise. Seldner later assigned his claims under these contracts to Salvador Brocal, who filed the complaint. The contracts were as follows:
1. Under the first contract, Molina failed to accept and pay for goods valued at $1,195.63. At Molina’s request, Seldner resold these goods, incurring a net loss of $142.68, plus unpaid freight and duties, totaling $306.53 in damages.
2. Under the second contract, Molina failed to accept watches worth $359.28. Seldner resold only a portion, and the evidence was insufficient to prove any net loss from the breach.
3. Under the third contract, a dispute arose over an order worth $385.69. When Molina finally offered to pay, a shortage of 58 pairs of shoes was discovered. Molina refused the goods, and Seldner resold the remainder at a profit. Seldner sought to recover the value of the lost shoes, but no evidence established when, where, or how the loss occurred or that Molina’s breach caused it.
During trial, it was revealed that the assignment to Brocal was without consideration and Seldner remained the real party in interest. The trial court, over Molina’s objection, ordered Seldner joined as a co-plaintiff and eventually rendered judgment in Seldner’s favor for $619.47. Molina appealed.

ISSUE:
1. Whether the defendant-appellant, Juan Victor Molina, is liable for damages arising from his breach of the three contracts of sale.
2. Whether the trial court erred in joining Phil Seldner as a party plaintiff during the trial.

RULING:
1. On the Contracts:
First Cause of Action: Molina is liable. The evidence established his failure to accept the goods, Seldner’s resale at his request, and the resulting net loss of $306.53.
Second Cause of Action: Molina is not liable. The plaintiff failed to prove that Seldner suffered any actual damage from the breach, as the resale proceeds and the value of unsold watches were not fully accounted for.
Third Cause of Action: Molina is not liable for the lost shoes. The plaintiff failed to prove that the loss occurred due to Molina’s breach or while the goods were in his constructive possession. The loss could have happened during transit, in customs, or in Seldner’s store.
Fourth Cause of Action (Services): Molina is liable to pay Seldner a reasonable commission of $50 for services rendered in reselling the goods under the first contract at Molina’s request. No recovery is allowed for services related to the second and third contracts.

2. On Party Joinder: The trial court did not err. Under Section 110 of the Code of Civil Procedure, a court may amend pleadings to add a necessary party at any stage of the proceedings. Seldner was the real party in interest, and his joinder was proper to adjudicate the counterclaim against him and avoid multiplicity of suits.

DISPOSITIVE PORTION:
The judgment of the trial court is REVERSED. The case is remanded with instructions to enter a new judgment in favor of plaintiff Phil Seldner and against defendant Juan Victor Molina for the total sum of $356.53 (representing $306.53 in damages plus $50 in commissions), with legal interest from November 11, 1903, until fully paid, and for costs. No costs are awarded in the Supreme Court.