Monasque vs.

Ca

Facts:

Galan and Munasque were partners as a Contractor. They entered into a written contract with Tropical
Commercial Co. for remodeling of its building. Payments are to be paid 30% upon signing of contract
and the balance on 3 equal installments.

First payment of check was payable to Muñasque, who indorsed it to Galan for purposes of depositing
the amount and paying the materials already used. But Galan allegedly misappropriated the check for
personal use. Thereafter, Muñasque refused to indorse the second check . Galan went to Tropical and
informed them of his misunderstanding with his partner Munasque. Tropical then change the payee of
the check from Monasque to “Galan and Associates”. Despite these, Muñasque alone was able to finish
the project. The third and fourth checks/payments were properly issued to Muñasque.

Muñasque filed a complaint for payment of sum of money plus damages against Galan, Tropical and
Pons for the amount covered by the first and second check.

Issue:

W/N Munasque and Galan are partners?

Held:

Yes. Tropical had every right to presume the existence of partnership because their contract states that
the agreement was entered into by “Galan and Munasque” and that the first check issued ot Munasque
was indorsed to Galan. Hence, the relationship was made to appear as partnership.