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Constantino Vivero Vs. Felipe R. Santos 098 Phil 500

CONSTANTINO VIVERO, plaintiff-appellee, vs. FELIPE R. SANTOS, ET AL., defendants. EUGENIO BALO, defendant-appellant.

G.R. No. L-8105 | 1956-02-28

D E C I S I O N


BAUTISTA ANGELO, J.:

This is an action instituted in the Court of First Instance of Leyte to recover the sum of P12,000, with legal interest thereon, plus damages and attorney's fees. Defendants, in their answer, set up as special defense that they had made partial payments to the plaintiff amounting to P11,793.50 with the result that the only unpaid balance due the latter is P205.50. They set up a counter-claim of P4,000 as moral damages and another amount P1,000 as attorney's fees.

The case was originally set for hearing on August 12, 1953 but, upon motion of defendants' counsel, for the reason that he would be...