Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1906 > December 1906 Decisions > G.R. No. L-2966 December 29, 1906 - NICOLAS CONCEPCION TAN TACO v. VICENTE GAY

007 Phil 252:




PHILIPPINE SUPREME COURT DECISIONS

FIRST DIVISION

[G.R. No. L-2966. December 29, 1906. ]

NICOLAS CONCEPCION TAN TACO, Plaintiff-Appellant, v. VICENTE GAY, Defendant-Appellee.

Coudert Brothers, for Appellant.

Guanko & Avanceña, for Appellee.

SYLLABUS


LANDLORD AND TENANT; LEASE; BREACH OF CONTRACT; DAMAGES. — T. entered into a contract with G. to cultivate a portion of a certain hacienda for an indefinite period and to receive as his compensation for such cultivation one-half of the crops produced. After the crops for a certain year had been planted and cultivated and part of them were harvested G. took possession of said crops and harvested the same. The evidence conclusively showed that at the time G. took possession of said crops he canceled certain indebtedness existing in his favor against T. in consideration for said harvested crops. Held, That T. could not recover of G. the value of said unharvested crops.


D E C I S I O N


JOHNSON, J. :


This was an action by the plaintiff to recover of the defendant damages for the unlawful appropriation of certain crops cultivated by the plaintiff during the year 1904.

At the conclusion of the trial the lower court found that the plaintiff was not entitled to recover and dismissed the cause of action with costs of the plaintiff.

An examination of the evidence shows that the defendant for some years had charged of the hacienda "Fortuna," in the pueblo of San Carlos in the Province of Occidental Negros. In the year 1900 the plaintiff a tenant upon the said hacienda under a verbal contract with the defendant, by which the former was to put a quantity of land in cultivation and was to plant thereon sugar cane, and was to receive one-half of the products. No time was expressly stated for the duration of this contract; however, it was understood that the plaintiff might continue as such tenant upon such hacienda as long as he lived, if he so desired.

The plaintiff continued upon said hacienda, cultivating a portion of the same until the month of May, 1904, when, by reason of being wounded by an attack of bandits or highwaymen, he was obliged to leave said hacienda and go to the city of Iloilo. At the time the plaintiff left the said hacienda there was growing thereon a crop of cane which he had planted and cultivated; the extent and value of said cane is not clearly estimated by the proof adduced in said cause.

During the time between the 1900 and May, 1904, the plaintiff had raised corn and sugar cane and sold his share of the same to the defendant. During the same period the plaintiff had received advancements in cash as well as in goods and merchandise from the defendant, amounting to several hundred dollars above the value of the share of the crops which the plaintiff had sold to the defendant. At the time the plaintiff left the hacienda there was a liquidation of the accounts between him and due from the plaintiff to the defendant the sum of 1,021.29 pesos.

The defendant claims and undertook to prove that this indebtedness of the plaintiff to him was canceled by virtue of the plaintiff turning over to the defendant his share of the then growing crop on the said hacienda, which had been planted and cultivated by the plaintiff. Later in the year 1904 the defendant took possession of said crops and harvested the same and appropriated the results to his own use.

The plaintiff claims and undertakes to prove that when he left the said hacienda in the month of May it was agreed between him and the defendant that his son-in-law, one Gestorio Caballero, was to take charge of said crops and harvest the same for the benefit of the said plaintiff.

At the time the plaintiff left the hacienda in the month of May a new account was opened between the defendant of the said Caballero, and the balance due from the plaintiff to the defendant was charged to the said Caballero. Just what the contract was between the plaintiff and the said Caballero does not distinctly appear by the evidence.

From the evidence adduced during the trial of the cause in the lower court it seems clear that whatever right in the said crops of the year 1904 which the plaintiff had was turned over to the said Caballero at the time the former left the said hacienda, be reason of the agreement between them, and by reason of the cancellation of the account which the defendant had against the plaintiff at that time. It would seem from the record that if the defendant had violated the rights of any person with reference to the crops of the year 1904, he had violated the rights which the said Caballero had in said crops.

The lower court found that by the arrangement which was made between the plaintiff and the said Caballero, the debt which the plaintiff owed to the defendant on the balance of their accounts was extinguished by its being charged to Caballero, the latter assuming it, and that the plaintiff thereby lost any right which he had in said crops.

The lower court stated in its judgment that the judgment in no way determined the right of Caballero to demand and recover compensation of the defendant for the value of the crop as it stood at the time the said defendant took possession of the same.

The judgment of the lower court is therefore affirmed with costs. After the expiration of twenty days let judgment be entered in accordance herewith and ten days thereafter the cause be remanded to the lower court for proper action. So ordered.

Arellano, C.J., Torres, Mapa, Carson, Willard, and Tracey, JJ., concur.




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






December-1906 Jurisprudence                 

  • G.R. No. L-2242 December 1, 1906 - HOUSTON B. PAROT v. CARLOS GEMORA

    007 Phil 94

  • G.R. No. L-2530 December 3, 1906 - ORDER OF DOMINICANS v. INSULAR GOVERNMENT

    007 Phil 98

  • G.R. No. L-2718 December 4, 1906 - JOSE EMETERIO GUEVARA v. HIPOLITO DE OCAMPO

    007 Phil 104

  • G.R. No. 2800 December 4, 1906 - FRANK S. BOURNS v. D.M. CARMAN ET AL.

    007 Phil 117

  • G.R. No. L-2923 December 4, 1906 - UNITED STATES v. PEDRO PALMADRES

    007 Phil 120

  • G.R. No. L-3009 December 4, 1906 - FELICIDAD BUSTAMANTE v. CRISTOBAL BUSTAMANTE

    007 Phil 125

  • G.R. No. L-3534 December 4, 1906 - TO GUIOC-CO v. LORENZO DEL ROSARIO

    007 Phil 126

  • G.R. No. L-2671 December 5, 1906 - UNITED STATES v. VICTORIANO POBLETE

    007 Phil 127

  • G.R. No. L-2704 December 6, 1906 - UNITED STATES v. FEDERICO ORTIZ, ET AL.

    008 Phil 752

  • G.R. No. L-1952 December 6, 1906 - CARLOS GSELL v. VALERIANO VELOSO YAP-JUE

    007 Phil 130

  • G.R. No. L-2746 December 6, 1906 - MATEO CARIÑO v. TINSULAR GOVERNMENT

    007 Phil 132

  • G.R. No. L-2921 December 6, 1906 - LUCAS GONZALEZ v. ROSENDO DEL ROSARIO

    007 Phil 140

  • G.R. No. L-3022 December 6, 1906 - UNITED STATES v. SEBASTIAN LOZANO

    007 Phil 142

  • G.R. No. L-3429 December 6, 1906 - CASTLE BROS. v. GO-JUNO

    007 Phil 144

  • G.R. Nos. L-2472 & 2473 December 7, 1906 - UNITED STATES v. TOMAS CORTES

    007 Phil 149

  • G.R. No. L-2803 December 7, 1906 - DAMASA ALCALA v. FRANCISCO SALGADO

    007 Phil 151

  • G.R. No. L-2890 December 7, 1906 - VALENTINA PALMA v. JORGE FERNANDEZ, ET AL.

    007 Phil 154

  • G.R. No. L-2929 December 7, 1906 - FAUSTA BATARRA v. FRANCISCO MARCOS

    007 Phil 156

  • G.R. No. L-3006 December 7, 1906 - JOSE GONZALEZ v. AGUSTIN BAÑES

    007 Phil 158

  • G.R. No. L-3062 December 7, 1906 - MARIA MAGALLANES v. TEODORA CAÑETA

    007 Phil 161

  • G.R. No. L-3078 December 7, 1906 - FERNANDO PEREZ v. JUAN GARCIA BOSQUE

    007 Phil 162

  • G.R. No. L-3495 December 7, 1906 - JAMES J. RAFFERTY v. JUDGE OF THE CFI FOR THE PROV. OF CEBU, ET AL.

    007 Phil 164

  • G.R. No. L-2777 December 10, 1906 - MARIA CASAL v. EMILIO MORETA

    007 Phil 169

  • G.R. No. L-2532 December 11, 1906 - IN RE MACARIO ADRIOATICO

    007 Phil 173

  • G.R. No. L-2787 December 11, 1906 - CELSO DAYRIT v. GIL GONZALEZ

    007 Phil 182

  • G.R. No. L-3010 December 11, 1906 - JULIAN TUBUCON v. PETRONA DALISAY

    007 Phil 183

  • G.R. No. L-3050 December 11, 1906 - LUIS SANTOS v. SILVESTRE DILAG

    007 Phil 185

  • G.R. No. L-3117 December 11, 1906 - UNITED STATES v. MACARIO ADRIATICO

    007 Phil 187

  • G.R. No. L-2766 December 12, 1906 - UNITED STATES v. PAULO CABAMNGAN

    007 Phil 191

  • G.R. No. L-3094 December 12, 1906 - FRED SPARREVOHN v. EMIL M. BACHRACH

    007 Phil 194

  • G.R. No. L-2828 December 14, 1906 - UNITED STATES v. JUAN SOLIS

    007 Phil 195

  • G.R. No. L-3204 December 17, 1906 - UNITED STATES v. FLAVIANO SALANATIN

    007 Phil 199

  • G.R. No. L-2855 December 19, 1906 - FLEMING, ET AL. v. LORCHA "NUESTRA SRA. DEL CARMEN

    007 Phil 200

  • G.R. No. L-2757 December 20, 1906 - UNITED STATES v. CHAN LIM ALAN

    007 Phil 203

  • G.R. No. L-2908 December 20, 1906 - ANTONIO TORRES Y ROXAS, ET AL. v. RAMON B. GENATO (Intervenor)

    007 Phil 204

  • G.R. No. L-3119 December 20, 1906 - UNITED STATES v. ESTANISLAO CAGAOAAN

    007 Phil 207

  • G.R. No. L-3093 December 22, 1906 - UNITED STATES v. REGINO MANABAT

    007 Phil 209

  • G.R. No. L-2541 December 26, 1906 - IGNACIO ICAZA v. RICARDO FLORES

    007 Phil 211

  • G.R. No. L-1999 December 27, 1906 - UNITED STATES v. VICENTE MANUEL

    007 Phil 221

  • G.R. No. L-2765 December 27, 1906 - JOSE DOLIENDO v. DOMINGO BIARNESA

    007 Phil 232

  • G.R. No. L-3249 December 28, 1906 - UNITED STATES v. JOSE FLOR MATA

    007 Phil 235

  • G.R. No. L-2395 December 29, 1906 - DOROTEO CORTES v. DY-JIA AND DY-CHUANDING

    007 Phil 238

  • G.R. No. L-2825 December 29, 1906 - UNITED STATES v. PAUL A. WEEMS

    007 Phil 241

  • G.R. No. L-2916 December 29, 1906 - UNITED STATES v. VICENTE OROSA

    007 Phil 247

  • G.R. No. L-2966 December 29, 1906 - NICOLAS CONCEPCION TAN TACO v. VICENTE GAY

    007 Phil 252

  • G.R. No. L-3120 December 29, 1906 - BRYAN v. AMERICAN BANK

    007 Phil 255

  • G.R. No. L-3466 December 29, 1906 - MEYER HERMAN v. A. S. CROSSFIELD

    007 Phil 259