Amon Trading Corp. vs. CA, and Tri-Realty Development and Construction Corp

Amon Trading Corp. vs. CA, and Tri-Realty Development and Construction Corp

G.R. No. 158585, December 13, 2005, 477 SCRA 582 (2005)

(Digested Case Digest)

Facts: 

Eleanor Bahia Sanchez (represent Lines & Spaces) order from petitioner Amon Trading Corporation, and from Juliana Marketing bags of cement for Tri-Reality development and construction, but it found out that both cannot deliver all its balance and refunded the amount of undelivered bags of cement to Eleanor Sanchez, but Sanchez had already fled abroad, private respondent (Tri-realty) filed this case for sum of money against petitioners and Lines & Spaces.  Tri-realty contended that Lines & Spaces is their agent; hence they are entitled for the money involved.

Issue: 

Whether or not Lines & Spaces is the Tri-realty’s agent

Held:

No agreement of agency between Tri-realty and Lines & Spaces, but rather a provider for the latter’s cement needs. All the pedantry about whether Lines & Spaces acted as agent of private respondent is absurd because Amon took orders from Eleanor Sanchez who, after all, was the one who paid them the manager’s checks for the purchase of cement. 

Since line space is not agent of tri-realty, no vinculum could be said to exist between Amon and tri-realty.