"It is uncontroversial that on February 25, 1932, the

defendant-appellant sold to the plaintiff 4,000 cavanes de palay al

P2.10 price dig, of which, said plaintiff only
received 2,583 cavans; and that he also received 4,000 for his container
empty bags. It is proven that of said 4,000 empty bags
only delivered, 2,583 remaining in the possession of the defendant
the rest, and whose value is P0.24 each. The claim filed
against the defendants Antonio Vazquez and Fernando Busuego for
payment of the amount of P4,702.70, with your legal interests from
on March 1, 1932 until its full payment and the costs, the
Manila First Instance Court ruled the case condemning
Antonio Vazquez to pay the plaintiff the amount of
P3,175.20, plus the amount of P377.50, with your legal interests,
absolving the defendant Fernando Busuego of the suit and the
mandator of the defendants' rebuttal, without special
pronouncement regarding the costs. From said decision I appeal the
defendant Antonio Vazquez, pointing as the main error the
that he had been personally condemned, and not the corporation by
61 represented.
"According to the preponderance of the tests, the sale made by Antonio
Vazquez in favor of Francisco de Borja of the 4,000 cavanes de palay
was in his capacity as interim President and Manager of the
corporation Natividad-Vazquez Sabani Development Co., Inc. Asi
results from the Exh. 1, which is the carbon copy of the receipt granted by
defendant Vazquez, and whose original had been lost on
applicant, according to. This also appears in the books of the
corporation mentioned above, since they have been
settled both the entry of the P8,400, the price of the palay, and his
I send to the government in payment of the rents of the Hacienda Sabani.
Likewise Francisco de Borja admitted the lawyer Mr. Jacinto
Tomacruz, later president of the successor corporation in the
lease of the Sabani Estate, when he requested his good
trades for the collection of the price of the undelivered palay. A) Yes
I also declare him who gave part of the palay to Borja,
Felipe Veneracion, whose testimony has not been refuted. And so it
deduced from the same demand, when Fernando was included in it
Busuego, treasurer of the Nativity-Vazquez Sabani Development Co.,
Inc.
"This being so, the main responsibility must be the Nativity-
Vazquez Sabani Development Co., Inc., which remained
insolvent and I cease to exist. The sentencing judge declared, without
However, to the defendant Vazquez responsible for the payment of the amount
claimed for his negligence when selling the referred 4,000 cavanes
of palay without first ascertaining whether or not such quantity existed in the
Warehouses of the corporation.
"It results from Exji. 8 that after the sale of the 4,000 cavans of
palay to Francisco de Borja, the same defendant sold to Kwong
Ah Phoy 1,500 cavanes at the price of P2.00 dig it, and we say
'later' because this last sale appears settled after the
first According to this, the appellant not only acted negligently,
but by guilt on their part, so according to the
arts. 1102, 1103 and 1902 of the Civil Code, he must be responsible
subsidiary of the payment of the quantity object of the demand.
"In merits of all the exposed, the decision appealed is confirmed
with the modification that the appellant must pay the appellee the
sum of P2,975.70 as a value of the 1,417 palay cavans that
I stop delivering to the plaintiff, plus the sum of P339.08 as
amount of the 1,417 empty bags, which I stop returning, on account of
P0.24 the bag, total P3,314.78, with its legal interests from the
interposition of the claim and the costs of both instances. "
"See the reconsideration motion of our decision dated 13
October 1942, and alleged in the same as when the appellant
sold the 1,500 palayans to Ah Phoy, the corporation still
it had enough existence of said grain, and not being said extreme
sufficiently discussed and tested, and may vary the result
of the matter, we quashed our aforementioned decision, and ordered the
return of the case to the Court of origin to receive evidence
to the effect and then make the corresponding decision. "