Professional Documents
Culture Documents
Macke v. Camps
P a partnership transacted with defendant allegedly represented by flores
R contended that he never received such goods and that he should not be liable
thereon
A contract was presented in court a lease wherein R is a party to such contract and
flores as witness and designated managing agent therein
- Contract executed
Home Insurance v. US
Rs Vessel carrying a machines arrived in manila and delivered to consignee R
P paid the insured cargo and demanded reimbursement against R and BOC
R contends that it was damaged in the possession of BOC while the latter invoke non-
suability
Ps counsel appeared in court claiming authority to compromise which was orally given.
The court dismiss the case for failure to appear
SC: NO.
Under ROC and laws, authority to compromise must be by virtue of special authority. It
must be in writing, if not, there must be evidence pleaded and proven. Self serving
evidence does not suffice as in this case
Yu Chuck v. Kong Li Po
R a domestic corp engage in the business of news printing
Under its by-laws all contract in writing must be signed by the President
Chen was appointed as general manager of the Corp which later on entered an
employment contract for a term of 3 years with P with a provision that in case of breach
the 3years salary be paid on P
Later on p was discharged by Hong, a OIC as manager while Chen left for china
R contended that Chen has no authority to enter into such employment contract and
that dismissal was justified
R: an officer or agent who has general control and management of the corp or specific
part thereof may bind the corp in employing agent or employees
ER: (1) unless the authority of employing agent or employees is expressly vested
in a certain officer or board of directors; (2) the contract employment entered into
is unre\asonable which is prejudicial to the corp
At (2) the term of the contract was so onerous that it was long and that if given effect would lead the corp
into insolvencytfg