CHARLES F. WOODHOUSE, plaintiff-appellant, vs . FORTUNATO N. HALILI, defendant-appellant.

 CHARLES F. WOODHOUSE, plaintiff-appellant, vs . FORTUNATO F. HALILI, defendant-appellant. Essay

Republic of the Philippines

SUPREME COURTROOM

Manila

SOBRE BANC

G. R. No . L-4811 � � � � � � July thirty-one, 1953

CHARLES F. WOODHOUSE, plaintiff-appellant,

vs .

FORTUNATO F. HALILI, defendant-appellant.

Tañada, Pelaez & Teehankee intended for defendant and appellant.

Gibbs, Gibbs, Chuidian & Quasha for individual and appellant. LABRADOR, L.:

On Nov 29, 1947, the plaintiff entered on the written agreement, Display A, with all the defendant, the most crucial provisions of which are (1) that they shall organize a partnership intended for the bottling and syndication of Embajada soft drinks, individual to act since industrial partner or administrator, and the defendant as a capitalist, furnishing the capital necessary therefor; (2) the fact that defendant was going to decide concerns of general policy about the business, even though the plaintiff was going to attend to the operation and development of the bottling flower; (3) the plaintiff was to secure the Mission Carbonated drinks franchise pertaining to and in part of the recommended partnership; and (4) that the plaintiff was going to receive 40 per cent in the net revenue of the organization. The above arrangement was arrived at after numerous conferences and consultations simply by and between them, with the assistance of their respective attorneys. Just before entering into this agreement, individual had up to date the Quest Dry Organization of Are usually, California, U. S. A., manufacturers of the bases and ingridients from the beverages bearing its name, that he had interested a dominant financier (defendant herein) in the commercial, who was ready to invest $500k in the bottling and division of the explained beverages, and requested, to ensure that he may close the deal with him, that the right to container and disperse be approved him for any limited period under the state that it will finally be transferred to the corporation (Exhibit H). Pursuant for this ask for, plaintiff was handed " a thirty-days" alternative on unique bottling and distribution legal rights for the Philippines" (Exhibit J). Formal negotiations between plaintiff and defendant began at a gathering on The fall of 27, 1947, at the Manila Hotel, with the lawyers going to. Before this meeting litigant's lawyer had prepared the draft in the agreement, Display II or perhaps OO, nevertheless this was not adequate because a partnership, instead of a organization, was ideal. Defendant's lawyer prepared following the meeting his own draft, Exhibit YOU DO NOT NEED :. This last draft is apparently the main foundation the arrangement, Exhibit A. The deal was finally signed by plaintiff on December a few, 1947. Individual did not love to go to the United States without the contract being not really first authorized. On that day individual and accused went to america, and on 12 , 10, 1947, a operation agreement (Exhibit V) was entered into the Mission Dry out Corporation and Fortunato Farreneheit. Halili and/or Charles N. Woodhouse, granted defendant the exclusive proper, license, and authority to produce, bottle, disperse, and sell Mision beverages inside the Philippines. The plaintiff and the defendant afterwards returned for the Philippines. Individual reported intended for duty in January, 1948, but businesses were not begun until the first days of Feb ., 1948. In January plaintiff was given while advance, due to profits, the sum of P2, 500, besides the use of a car; in February, 1948, also P2, 000, and in March simply P1, 000. The car was withdrawn by plaintiff on March on the lookout for, 1948. When the bottling plant was already upon operation, plaintiff demanded of defendant the fact that partnership papers be performed. At first accused executed him self, saying there were no be quick. Then he promised to accomplish this after the sales of the item had been increased to P50, 000. Because nothing distinct was impending, after this condition was gained, and as accused refused to offer further allowances to individual, the latter brought on his lawyers to take up the situation with the defendant with a view into a possible pay out. as non-e could be reached, the present actions was...


Related

National Secureness Is More Essential Than Individual Rights Study Paper

Nationwide Security is far more Important than Human Privileges The conception of human being rights and freedoms is definitely the cornerstone of American traditions, law and the signal of democracy.…...

New Technologies: Impacts by using an Organization Essay

Introduction " Many of the influences of Information Technology are uncomplicated. But they are not really obvious, neither are they trivial" (Jack Nilles, Centre to get Future Research)…...

Improving Organizationa Performance Dissertation

Improving Organizational Efficiency Organizational overall performance within virtually any organization can be directly influenced by a great employee's overall job fulfillment. Employer's that maintain a low turnaround of employees…...

Essay regarding Managing Organizational Structure Transform

Managing Company Structure Change LDR 531 Managing Company Structure Modify Smith & Falmouth (S& F), a mid-sized phone and email order product company, offers expanded…...

The Canadian Food and Beverage Market Essay

The Canadian Market Market Size: The citizenry of Canada is 33. 5 million. " Canada's current annual population progress rate can be 1 . 238%, or…...

Accouting 305 Essay

Group Assignment |1 Economical statement research Group Project Lecturer: Mister. Ph?m S? Long Category: FB0607 Nguy?n Ng?c Huy – FB00358 Phan Thu H??ng – FB00095 Tr?n Ho?ng…...

Hispanics Healthcare Issues in Texas Dissertation

Hispanics Healthcare Issues in Texas Jose Rodriguez Excelsior College HSC320: Medical care Issues in Culturally Varied Populations Craig Owens The spring 24, 2011 Hispanics…...

Creative Publishing Fear Composition

FEAR. Starting the book ‘Raw' written down by simply Martin Crowe my eyes fixated on the subsequent words, " Fear. That emotion I have fought all…...

LEONARDO DAVINCI’S MACHINE GUN Essay

LEONARDO DAVINCI'S EQUIPMENT GUN HISTORY OF INVENTOR AND TECHNOLOGY: Leonardo came to be on 04 15, 1452. He is generally known as one of the best…...

Whats the Proces It is advisable to Become a Officer Research Newspaper

Phase a couple of Individual Task CJUS141-03 Michelle Perman Professor Nici May possibly 30, 2011 RE: Police Qualifications I selected to do my…...