Francisco Esteves v. Sucrerie Central Coloso de Puerto Rico
Francisco Esteves v. Sucrerie Central Coloso de Puerto Rico
Opinion of the Court
delivered tbe following opinion:
The court Has examined the record in this case with considerable care and has also examined the very large number of
The court has examined the contract in question, and while it is apparently very favorable to the respondent here, and, to an extent, unjust, harsh, and oppressive against the complainants, we are not prepared to say at this time that it is so unconscionable or unilateral that it ought to be set aside, the mortgage that accompanies it canceled, and the suit at law enjoined.
The court is of opinion that the equities are largely with the complainants because of the contract in question; and is further of the opinion that, under § 111 of the Code of Civil Procedure of 1904, a claim for substantial damages which these complainants allege to have against the respondent, and which arises out of this same transaction because of the failure of respondent to receive and grind complainants’ cane at the proper season, can be interposed as a counterclaim, even though unliquidated, in the suit at law between the parties, and therefore we have this day overruled the demurrer in that case.
It is.alleged in the bill here that this respondent is refusing to proceed with the furnishing of moneys for the planting of complainants’ cane crop, so as to coerce complainants into payment of an account sued for in said action at law, and for that reason the demurrer in this equity suit will be left in abeyance
Reference
- Full Case Name
- JOSÉ FRANCISCO ESTEVES AND HIS WIFE, DOÑA ENDINA WOLCKERS DE ESTEVES v. SUCRERIE CENTRAL COLOSO DE PUERTO RICO, Respt.
- Status
- Published