Sie sind auf Seite 1von 1

YAO KA SIN TRADING, owned and operated by YAO KA SIN v.

CA and
PRIME WHITE CEMENT CORPORATION,represented by its PresidentChairman, CONSTANCIO B. MALAGNA,FACTS:
Constancio B. Maglana, President and Chairman of the Board of Prime
White Cement Corporation(PWCC) sent to Yao Ka Sin Trading (YKS),
which describes itself as "a business concern of singleproprietorship,"
and is represented by its manager, Mr. Henry Yao, an undated letteroffer (Exhibit A) for thesale of 45,000 bags of Prime White Cement.
After the signing of the letter, the Board of Directors of
PWCCdisapproved the same and sent a letter to YKS informing the
latter of such disapproval. However, YKSdenied having received a copy
of the letter of disapproval. After several exchange of letters, PWCC
haddelivered only 9,775 bags of white cement. YKS requested PWCC
for the compliance with its obligationunder the letter-offer but PWCC
reiterated the unenforceability of Exhibit A. Thus, YKS filed with the
RTC ofLeyte a complaint for Specific Performance with Damages
against PWCC

In its Answer with Counterclaim, PWCC denied under oath the material
averments in the complaint andalleged, among others, that: YKS "has
no legal personality to sue having no legal personality even by fictionto
represent itself;" Mr. Maglana, its President and Chairman, was lured
into signing Exhibit A; and suchsigning was subject to the condition
that Exhibit A be approved by the Board of Directors of PWCC,
ascorporate commitments are made through it.The RTC ruled in favor
of petitioner and interpreted the provision of the By-Laws

Das könnte Ihnen auch gefallen