G.R. No. 2354. December 05, 1905

This was an action by the plaintiff against the defendant to recover
the sum of 1,350 pesos for services performed by the plaintiff for the
defendant in the purchase of a one-half interest in the launch called Fred L. Dorr.
The evidence shows that the defendant was the owner of a one-half
interest in the said launch prior to the time of the alleged contract
and that one A. J. Washburn was the owner of the other half. The
plaintiff claims that he entered into a contract with the defendant by
the terms of which he was to purchase the half interest owned by the
said Washburn for a sum not to exceed 3,500 pesos. He further claims
that he was to receive for such services a sum equal to the difference
between 3,500 pesos and whatever sum less than that amount for which he
could purchase the said launch. He further claims that by virtue of
this agreement he entered into a contract with the said Washburn to pay
to the latter the sum of 2,150 pesos, and that therefore there was due
from the defendant to him the difference between 3,500 pesos and 2,150
pesos, or the sum of 1,350 pesos.

The defendant filed a general denial to the petition of the plaintiff.

After hearing the evidence adduced in said cause, the inferior court
rendered a judgment against the defendant and in favor of the plaintiff
in the sum of 1,350 pesos and the costs of the suit. The evidence
adduced during the trial on the part of the plaintiff shows the
following facts:

First. That on or about the 20th day of January, 1904, one Fred L.
Dorr, an employee of the defendant, went to the plaintiff and requested
him, the plaintiff, to purchase the one-half interest of the launch
called Fred L. Dorr of its then owner, Mr. Washburn, for the defendant, which authority was couched in the following language:

“You buy the launch (Fred L. Dorr) and we will go up to 3,500 pesos. Anything you can make under that you can have.”

To which statement the plaintiff replied:

“All right; I will go, but I want to know if you mean business.”

And he, the said Fred L. Dorr, said:

“Certainly we mean business. Here is my carromata;
jump in it and go out and see Mr. Washburn and I will wait for you up
in the Santa Cruz mess where you eat.”

In accordance with this arrangement, the plaintiff saw the said
Washburn and returned to see the doctor, the defendant, and told the
said Dorr that he would guarantee the purchase of the said launch for
the sum of 3,500 pesos. The said Dorr thereupon informed the plaintiff
that they, the said Dorr and the plaintiff, would together go and see
the defendant the next morning. The next morning these two, Dorr and
the plaintiff, went to see the defendant, when the plaintiff explained
to the defendant all that he had done with reference to the purchase of
the one-half interest in the said launch. At this conference between
the plaintiff and defendant the latter authorized the plaintiff to have
Mr. Washburn make out a bill of sale for the one-half interest in the
said launch and immediately thereafter he arranged with Mr. Washburn to
prepare the bill of sale in accordance with this understanding. At this
last conference between the plaintiff and defendant the former told the
latter what his arrangement with Mr. Washburn was—that is, that he, the
plaintiff, was to pay said Washburn the sum of 2,000 pesos for his
one-half interest in the said launch, and 150 pesos attorney’s fees,
making a total of 2,150 pesos, which the said Washburn was to receive
for his interest.

After this last conference, which took place about 2 o’clock in the
afternoon, the defendant informed the plaintiff that if he would return
to his office about 3 o’clock the same afternoon they would fix the
matter up. The plaintiff returned to the office of the defendant about
3 o’clock, in accordance with this prearrangement, but failed to find
the defendant, but was informed that everything pertaining to the
purchase of the launch was all right and that the contract for the
purchase of the launch would be fixed up in the morning.

After the foregoing arrangement with the defendant it appears from
the proof that the defendant, through his attorneys, purchased the said
one-half interest in the said launch of Mr. Washburn without the
further intervention of the plaintiff for the sum of 3,500 pesos.

The claim of the plaintiff that he entered into a contract with the
defendant for the purchase of the one-half interest in the said launch
is affirmed by the testimony of one D.H. Ward. Mr. Ward testified that
after the completion of the sale by Mr. Washburn directly to the
defendant, he, Ward, informed the defendant that the plaintiff was also
trying to purchase the said launch, to which information the defendant
replied that Mr. Simmie, the plaintiff, was acting for him.

The defendant denies that he in any way authorized the plaintiff to purchase the said launch for him.

The judge of the inferior court in his sentence states that—

“The said Dorr was summoned as a witness in said
cause but was not introduced. If it was true, as stated by the
plaintiff, that Dorr acted as agent for the defendant in making the
said contract with plaintiff, he, the defendant, could have introduced
the said Dorr to corroborate his statement with reference to it.”

The evidence discloses further that there were certain liens of
indebtedness against the said launch, one in favor of Mr. Macondray for
the sum of 1,800 pesos, more or less, and another, in favor of Mr.
Hargis, in the sum of 400 pesos. The defendant claims that the
settlement of these two claims was to be included in the amount of
3,500 pesos to be paid for said launch. The evidence discloses that
prior to the last conference between the plaintiff and defendant that
he, the plaintiff, had entered into an arrangement with Mr. Macondray
by which he was to receive the sum of 1,000 pesos in full of his claim
of indebtedness against the said launch and that Mr. Hargis was to
receive the sum of 400 pesos for his claim. The plaintiff, during this
last conference, informed the defendant that these two claims could be
settled for these two amounts and that therefore the total cost to the
defendant in the purchase of the said interest in the said launch would
amount to 4,900 pesos. The plaintiff, during this conference, indicated
to the defendant that his commission would be 1,350 pesos. It appears
from the evidence also that the said Dorr, prior to the last conference
between the plaintiff and defendant, had said to the plaintiff that
they would pay Mr. Macondray the sum of 1,000 pesos in liquidation of
his claim and Mr. Hargis 400 pesos in liquidation of his claim against
the said launch. This fact, in our opinion, entirely refutes the claim
of the defendant, that the claims of Macondray and Hargis were to be
included in the sum of 3,500 pesos. If the claims of Macondray and
Hargis were to have been included in the 3,500 pesos, then the amount
at which these claims between the plaintiff and the said claimants were
to have been settled would have had no importance whatever to the
defendant.

From the testimony presented during the trial of this cause we deduce the following facts:

1. That the defendant was the half owner of the launch Fred L. Dorr on the 20th day of January, 1904.
2. That Fred L. Dorr entered into a verbal contract with the plaintiff to
   purchase the other half interest in the said launch for a sum not to
   exceed 3,500 pesos and to pay to the said plaintiff for his services an
   amount equal to the difference between whatever sum he could purchase
   the said interest in the said launch for less than 3,500 pesos.

3. That the said Fred L. Dorr in making this verbal agreement with the plaintiff acted as the agent of the said defendant.
4. That in accordance with said contract, the plaintiff purchased from Mr.
   Washburn, for the defendant, the one-half interest in said launch Fred
   L. Dorr, for the sum of 2,150 pesos.

5. That the claims of Macondray and Hargis were to be paid by the
   defendant in addition to the price to be paid for the one-half interest
   in said launch.

6. That the amount due the
   plaintiff from the defendant for the services rendered by the former in
   the purchase of the said one-half interest in said launch is the
   difference between the sum of 3,500 pesos and 2,150 pesos, or the sum
   of 1,350 pesos.

Therefore the judgment of the inferior court is affirmed and it is
hereby adjudged that the plaintiff recover from the defendant the sum
of 1,350 pesos and the costs. After the expiration of twenty days a
judgment shall be entered in accordance with this order and the cause
returned to the court below for the execution thereof. So ordered,

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