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Basilan Lumber Company Vs. Cagayan Timber Export Company, Et Al. 112 Phil. 661

BASILAN LUMBER COMPANY, petitioner, vs. CAGAYAN TIMBER EXPORT COMPANY, PEOPLE'S SURETY & INSURANCE CO., and THE COURT OF APPEALS (THIRD DIVISION), respondents.

G.R. No. L-15908 | 1961-06-30

D E C I S I O N 


LABRADOR, J.: 

Appeal from a decision of the Court of Appeals, reversing a judgment of the Court of First Instance of Manila in favor of plaintiff and dismissing the complaint. 

In a nutshell, the question at issue is: In an action for breach of contract of sale of logs, caused by the failure of the supplier to furnish the agreed quantity, as a result of which the exporter of the logs became liable for demurrage and dead freight, may the exporter be allowed to recover the amount of demurrage and dead freight even if the same has not been actually paid for by the exporter? Stated otherwise, in an action for...