GR L 3025; (November, 1906) (Digest)
G.R. No. L‑3025
November 23, 1906
FACTS
– Si‑Boco (plaintiff) supplied native cloth to Yap Teng (defendant) for his Manila store from c. 1900‑1904.
– Initially on credit, the parties settled the accounts in December 1902, resulting in a balance of ₱1,444.95 in favor of the plaintiff. The defendant expressly undertook to pay this balance.
– After the liquidation, the defendant continued to purchase goods for cash until the business relationship ceased in 1904.
– The plaintiff claimed the unpaid balance of ₱1,442.95 (the amount corrected by the trial court) plus legal interest at 6% per annum from March 25, 1905.
– The trial court entered judgment for the plaintiff; the defendant appealed, alleging (a) the balance had been satisfied by a payment of ₱1,810.87, (b) there was no proof of goods supplied after 1902, and (c) liability should lie with the partnership (defendant and partner Yapsuan) rather than the defendant alone.
ISSUE
Whether the trial court erred in (1) finding that the defendant remained liable for the ₱1,442.95 balance arising from the 1902 liquidation, (2) determining that the defendant continued to purchase goods on cash after 1902, and (3) holding the defendant personally liable despite the involvement of the partner Yapsuan.
RULING
The Supreme Court affirmed the trial court’s judgment.
1. Balance Unpaid: Evidence (plaintiff’s testimony and two witnesses) showed the defendant never paid the ₱1,444.95 balance; the alleged ₱1,810.87 represented cash purchases of goods post‑liquidation, not payment on the outstanding account.
2. Continued Cash Purchases: The plaintiff’s uncontradicted testimony that the defendant bought goods for cash after 1902 was sufficient to sustain the trial court’s finding.
3. Personal Liability: The defendant, acting in his own name, authorized the partner Yapsuan to receive goods and directed that charges be made to his (the defendant’s) account, expressly undertaking personal payment of the balance. Hence, the action against the defendant alone was proper.
The judgment for ₱1,442.95 with legal interest, and costs against the appellant, stands. The record is to be remanded for execution.