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G.R. No. L-12692 January 30, 1960

COSMIC LUMBER COMPAN, INC.,Plaintiff-Appellee, vs. GAPI!A

MANAOIS,Defendant-Appellant.

Primicias and Del Castillo for appellee.

Jose Rivera for appellant.

PA"ILLA, J.#chanrobles virtual lawli

The defendants appeal from a judgment of the Court of First Instance of

Pangasinan, Fourth Branch, ordering her to pay the plaintiff the sum of

P,!".", lawful interest thereon from # $arch !%& when the original

complaint was by the Court of 'ppeals to this Court for it involves only a

(uestion of law.chanroblesvirtualawlibrarychanroblesvirtual lawlibrary

's agreed upon by the parties, the facts are) *n different dates from !+ovember !% to -+ une !%&- the appellant bought, too/ delivery and

received from the appellee hardware goods, lumber and construction materials

valued at the total sum of P!#,!#".&" 0par. !, stipulation of facts1 23hibits ' to

41 '' to **5, and from ovember !% to !+ $arch !%& the appellant paid

the appellee the total sum of P6,%"%.7- which the latter credited to the

former8s account 0par. -, stipulation of facts1 23hibits PP, PP9!, ::, ::9! to

::9#5. *n #- ;ecember !%&, after the original complaint had been filed by

the appellee 0 # $arch !%&5, the appellant paid the appellee the sum onP!,+++ which the latter also credited to the former8s account 0par. 6,

stipulation of facts5, thereby reducing her total indebtedness to P, !".". chanroblesvirtualawlibrarychanrovirtual lawlibrary

The appellant does not deny that she received the wares and materials listed

in the invoices 023hibits ' to 4 and '' to **5, and that she is still indebted to

the appellee in the sum of P,!".". 't the hearing of the case on une

!%&6, her counsel withdrew the objection 0filed earlier during the day5 to the

items listed in some of the invoices 0$inutes of the session of une !%&65.

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'll civil actions on this contract shall be instituted in the courts of the City of

;agupan and it is hereby agreed that all may>or purchases from this Company

are payable in the said City of ;agupan. It is agreed that if this bill is not paid

within . . . days from date hereof I>we will pay interest at the rate of !+

percentum per annum on all overdue accounts. The buyer hereby agrees to

pay and all attorney8s fees and court costs should the seller institute legal

action. ?oods travel at buyer8s ris/. o claim of whatsoever nature will beconsidered after # hours from date of delivery.

The parties intended to fi3 a period for payment of the appellant8s obligation

but failed to do so. @nder article !!%" of the new Civil Code, the Court may fi3

it. Ta/ing into consideration that from !+ ovember !%, the first sale, and

-+ une !%&-, the last sale, to the present, more than si3 and nearly seven

years already have elapsed, the appellant who does not deny her obligation

must be ordered to pay the appellee the amount she still owes it within fifteen

0!&5 days from the date the judgment shall have become final. chanroblesvirtualawlibrarychanroblesvirtual lawlibrary

Aith the slight modification just mentioned, the judgment appealed from is

affirmed, with costs against the appellant. chanroblesvirtualawlibrarychanroblesvirtual lawlibrary