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De Guzman vs Sps Mariano, Ong, Agoot, CA

ARMANDO DE GUZMAN, petitioner, vs. SPOUSES MARIANO and SUSAN ONG, ROGELIO AGOOT, and COURT OF APPEALS, respondents.

G.R. No. 117213 | 1999-03-04

D E C I S I O N


QUISUMBING, J.:

This is a petition for review on certiorari of the decision rendered by the Court of Appeals in CA-G.R. CV No. 34474, affirming the decision of Branch 57 of the Makati Regional Trial Court in Civil Case No. 89-5173.

The facts of the case are as follows:

On November 19, 1986, private respondent Rogelio Agoot bought two truckloads of sand from Victory Hardware Gravel and Sand (hereinafter Victory Hardware). He was attended to by private respondent Susan Tan Ong. He was issued a receipt which listed one Chua Po as the hardware's proprietor.

Agoot asked that the sand be delivered on the same day. This was...