Digest -- Andres Quiroga vs Parsons Hardware Co Essay

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WEEK 9 – Agency known from Deal (Art. 1458)

Andres Quiroga vs Parsons Hardware Co.

32 Phil. 501

G. Ur. No . L-11491

Subject: Product sales

Doctrine: Deal of Firm to Sell compared to Contract of Sale

Facts: On January 24, 1911, plaintiff and the respondent entered into a contract producing the latter a great " agent” of the ex -. The deal stipulates that Don Andres Quiroga, throughout petitioner, funds exclusive privileges to sell his beds in the Visayan place to T. Parsons. The contract just stipulates that J. Parsons should shell out Quiroga within 6 months upon the delivery of bed frames. Quiroga files a case against Parsons intended for allegedly breaking the following requisites: not to sell off the beds for higher rates than those of the invoices; with an open establishment in Iloilo; itself to conduct the agency; to hold the beds in public display, and to spend on the advertisement expenditures for the same; and also to order your bunk beds by the dozen and in not any other method. With the exception of the duty on the part of the defendant to order the beds by the number of and in zero other manner, none with the obligations imputed to the defendant in the two causes of action are specifically set forth in the contract. But the plaintiff supposed that the defendant was his agent for the sale of his beds in Iloilo, and that stated obligations will be implied within a contract of commercial agency. The whole question, therefore , reduced by itself to a perseverance as to whether the defendant, by reason in the contract hereinbefore transcribed, was obviously a purchaser or perhaps an agent of the plaintiff to get the sale of his bedrooms. Issue: Whether the contract is a contract of agency or perhaps of sale. Held: To be able to classify a contract, due interest must be given to its important clauses. In the contract under consideration, what was essential, as constituting its trigger and topic, is that the plaintiff was to supply the accused with the mattresses which the other might order, at the selling price stipulated, and that the defendant was to pay the retail price...



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