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Romulo Machetti Vs. Hospicio De San Jose 043 Phil 297

ROMULO MACHETTI, plaintiff-appellee, vs. HOSPICIO DE SAN JOSE, defendant and appellee, and FIDELITY & SURETY COMPANY OF THE PHILIPPINE ISLANDS, defendant-appellant.

G.R. No. L-16666 | 1922-04-10

D E C I S I O N


OSTRAND, J.:

It appears from the evidence that on July 17, 1916, one Romulo Machetti, by a written agreement, undertook to construct a building on Calle Rosario in the city of Manila for the Hospicio de San Jose, the contract price being P64,000. One of the conditions of the agreement was that the contractor should obtain the "guarantee" of the Fidelity and Surety Company of the Philippine Islands to the amount of P12,800 and the following endorsement in the English language appears upon the contract:

"MANILA, July 15, 1916.

"For value received we hereby guarantee compliance with the terms and conditions as outlined in...