8/19/2019 4 Eurotech Industrial Technologies, Inc. v. Cuizon
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4 Eurotech Industrial Technologies, Inc. v. Cuizon
Facts:
Eurotech is engaged in the business of importation and
distribution of various industrialequipment, Impact Systems Sales
is one of their customers owned by Erwin CuizonEdwin Quizon is the
sales manager of Impact Systems and is impleaded in the courtJan. -
April 1995 - Eurotech sold to Impact Systems a sledge pump valued
at Php250K, a downpayment of Php 50K was madeEurotech refused to
deliver until indebtedness is settled, in June 1995, Edwin, as
salesmanager, executed a Deed of Assignment of receivables,
Eurotech then delivered thepumpRespondents collected from Toledo
Power Company Php 365K despite deed ofassignmentPetitioners
demanded for the Php 295K obligation of respondentsEdwin (sales
manager) claimed that he is not a real party in interest, acting
merely as
an agent of his principal - Impact SystemsJune 1998, Eurotech
filed motion to declare Erwin (owner) in defaultRTC dropped Edwin
as party in the caseCA a!rmed
Issues:
W.O.N. Edwin is liable for the actions he did as an agentNo - he
is merely an agent
Art. 1897 - The agent who acts as such is not personally
liable to the partywith whom he contracts, unless he expressly
binds himself or exceeds the
limits of his authority without giving such party su!cient
notice of hispowersPetitioners allege that Edwin did not su!ciently
notify it of the extent ofhis powers as an agentEdwin alleges he is
merely an agent of Impact Systems - deed ofassignment clearly
states that he was acting as a representativeElements of agency
are:
1. Consent (express or implied) of the parties to establish
therelationship;
2. Object is the execution of a juridical act in relation to a
third person;3. Agent acts as a representative and not for himself;
and4. Agent acts within the scope of his authority
2 exceptions to make an agent liable:1. Expressly binds himself;
or2. Exceeds the limits of his authority without giving notice of
his
powers to the third personCA a!rmed
