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E.Keller & Co.Ltd. vs Cob Group Marketing Inc.et al.

EDWARD A. KELLER & CO., LTD., Petitioner-Appellant, vs. COB GROUP MARKETING, INC., JOSE E. BAX, FRANCISCO C. DE CASTRO, JOHNNY DE LA FUENTE, SERGIO C. ORDO?EZ, TRINIDAD C. ORDO?EZ, MAGNO C. ORDO?EZ, ADORACION C. ORDO?EZ, TOMAS C. LORENZO, JR., LUIZ M. AGUILA-ADAO, MOISES P. ADAO, ASUNCION MANAHAN and INTERMEDIATE APPELLATE COURT, Respondents-Appellees.

G.R. No. L-68097 | 1986-01-16

D E C I S I O N


AQUINO, J:

This case is about the liability of a marketing distributor under its sales agreements with the owner of the products. The petitioner presented its evidence before Judges Castro-Bartolome and Benipayo. Respondents presented their evidence before Judge Tamayo who decided the case.

A review of the record shows that Judge Tamayo acted under a misapprehension of facts and his findings are contradicted by the evidence. The Appellate Court adopted the findings of Judge Tamayo. This is a case where this Court is not bound by the factual findings of the Appellate Court. (See Director of Lands vs. Zartiga, L-46068-69,...