WELDON CONSTRUCTION CORPORATION v. CA, GR No. L-35

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Vallar, Gean Charlie 1st JD 1 Section B

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GR No. L-35721, 1987-10-12
WELDON CONSTRUCTION CORPORATION v. COURT OF APPEALS
Vallar, Gean Charlie 
JD 1 Section - B
Facts of the case
The present controversy arose from the construction of the Gay Theater building on the corner of Herran and Singalong Streets in Manila. Petitioner WELDON CONSTRUCTION CORPORATION sued the private respondent Manuel Cancio to recover P62,378.83 Pesos, which is ten per cent (10%) of the total cost of construction of the building, as commission, and P23,788.32 pesos as cost of additional works thereon.

The private respondent refused to pay the amounts demanded.

On appeal by the defendant Cancio, the Court of Appeals reversed the lower court's Decision and dismissed the Complaint.

Issues
Whether or not a commission of ten per cent (10%) of the total cost of construction of the Gay Theater building should be paid by the private respondent pursuant to the alleged contract of supervision of construction... which the petitioner seeks to enforce.
The facts are not disputed.  It appears from the records that in 1961 Lucio Lee, whose name was later changed to Lucio Lee Rodriguez, was doing business under the trade name Weldon Construction, the predecessor-in-interest of the herein petitioner, WELDON CONSTRUCTION CORPORATION.  The latter corporation was incorporated in July, 1963 as a closed corporation composed of Lucio Lee (owner of Weldon Construction), his wife, his sister and the latter's husband, and a cousin.  The assets of Weldon Construction were transferred to, and its liabilities assumed by the new corporation.  Hence, the instant case was brought by WELDON CONSTRUCTION CORPORATION as successor-in-interest of Weldon Construction and Lucio Lee.
Ruling
WHEREFORE, the judgment of the Court of Appeals in its Decision of December 23, 1971 which was upheld in its Resolution of October 18, 1972 dismissing the complaint filed by Weldon Construction Corporation is AFFIRMED.  The modification by the Court of Appeals of said Decision in its Resolution of October 18, 1972 which dismissed the defendant's counterclaims is likewise AFFIRMED.  Petition DISMISSED for lack of merit.

SO ORDERED.
Vallar, Gean Charlie 
JD 1 Section - B

WELDON CONSTRUCTION CORPORATION v. CA, GR No. L-35

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