G.R. No. 1785. July 17, 1905

The defendant, who was blind, employed the plaintiff, a doctor, to
treat his eyes. Plaintiff did so, without success, and brought this
action to recover for his services. The principal question in the case
is, What was the contract between the parties?

The plaintiff claimed that he was to receive 200 pesos in any event,
and if he effected a cure he was to receive 500 pesos more. The
defendant claimed that if a cure was effected plaintiff was to receive
200 pesos, but if no cure was effected he was to receive nothing. The
court below found upon the evidence in favor of the plaintiff, and we
think this finding is supported by the proof.

At the trial the defendant presented a witness, Jose Pastor, and
offered to prove by him that the defendant, on returning from the
plaintiff’s office, had stated to the witness that the plaintiff had
agreed to cure him for 200 pesos, and not to charge anything if no cure
was effected. The judge excluded this evidence, to which ruling the
defendant excepted.

It will be noticed that the witness did not offer to testify to
anything which the plaintiff had said, but offered to testify to what
the defendant said that the plaintiff had said. The witness did not
know that the plaintiff had made these, statements; he only knew that
the defendant said that the plaintiff had made them. Such evidence is
inadmissible, according to the provisions of section 276 of the Code of
Civil Procedure.

The judgment of the court below is affirmed, with the costs of this
instance against the appellant. After the expiration of twenty days
judgment will be entered in accordance herewith, and the case remanded
to the court below for execution. So ordered.

Arellano, C. J., Torres, Mapa, and Johnson, JJ., concur.