Professional Documents
Culture Documents
RATIO:
The court first looks at the partial substitution of agency made by Manuel Pirretas,
conferring on Figueras Hermanos or the person or persons exercising legal
representation of FH all of the powers that had been conferred on Pirretas by the
plaintiff in the original power of attorney.
It was argued that the original power of attorney included a wide range of powers
(including the general power of Pirretas to sell the business upon conditions fixed by
Pirretas, as well as the power of substitution to collect balance due to Rosa). However,
the Court has also said that the substitution agreement between Pirretas and FH were
explicit the sole purpose of the substitution was only to collect the balance of the
selling price of the Printing Establishment and Bookstore above-mentioned, which has
been sold to Messrs. Bosque and Pomar. Nothing can be construed to authorize
Figueras to discharge debtors or novate the contract. On the other hand, the
substitution agreement is very much explicit in limiting the powers of Figueras.
Furthermore, it was the mercantile entity Figueras Hermanos (or its legal
representatives) who were given the capacity to exercise the substituted power. M. T.
Figueras intervenes as purpoted attorney in fact without anything whatever to show that
he is in fact the legal representative of Figueras Hermanos or that he is there acting in
such capacity. The act of substitution conferred no authority whatever on M. T. Figueras
as an individual.
The argument of Bosque that Rosa had ratified the novation of the contract through
acceptance of the amount was also disregarded by the Court, stating that the Bota
Printing Company became a primary debtor for Guillermo et al. Rosa could therefore
accept the payment of the debt despite Rosas refusal to be bound by the supposed
novation of the contract of debt of Guillermo.
DISPOSITIVE: Appealed judgment affirmed.
JM Vida
Kakskksidodieifmopsmcklmaklmca
Ckdmcjksd ocimeoicmekc
Dscjdnskjcmldksmcljdnscjlnds
Cdsjc djkscndosncjdncoddw
Cdwocmdiowjcioewjkdioeodkew