Gorbea v. Santiago
Gorbea v. Santiago
Opinion of the Court
delivered the opinion of the Court.
Juan I. Gorbea brought, in the District Court of San Juan, an action which was later transferred to the District Court of Ponce, wherein the complaint was subsequently amended.
The defendants answered the amended complaint by accepting some of the facts alleged therein, denying others,
The case went to trial and the main controversy hinged upon whether a single contract or two contracts for services had existed between the litigants.
The evidence introduced shows that, in or about February 1944, one of the defendants, acting on behalf of all of them, requested the plaintiff to make an audit of the account books of Vicente Usera Laseda, predecessor in interest of the defendant heirs, as it was known that Juan Jusino Serrano, former bookkeeper of the firm, had given information to the Treasury Department regarding certain income of Mr. Usera Laseda that had not been entered in the books. The oral and documentary evidence adduced by both parties is really profuse. It was conflicting on the point of whether there had existed a single contract of employment or whether, on the contrary, there had been two contracts. The lower court, on which it was incumbent to resolve such conflict, in our judgment acted correctly in deciding that there were involved two distinct contracts, and that the sum of $2,500 paid by the defendants to plaintiff only covered the services rendered by him under the first contract. On the other hand, the record fails to show that in settling that conflict said court committed manifest error or was moved by passion, prejudice, or partiality. Machuca v. Water Re
For the services rendered by the plaintiff under the second contract, the lower court granted to him the snm of $15,914.71, that is, 15 per cent of-the amount of the reduction in the deficiencies assessed to the defendants on July 13, 1944.
If said notices of deficiencies and the documents attached thereto are examined, it will be seen that they include $14,000 for the sale of shares of the American Telegraph and Telephone Company, $12,000 for the sale of shares of the Fajardo Sugar Company, and $140,000 for a supposed increase in capital for the year 1935. They also cover an item of $19,562.41 claimed as deductible for the sale of 1,500 shares of the Banco Comercial de Puerto Rico.
All those items were clearly set forth in the notices of deficiencies and in the enclosures therewith, and it should have been easy for the plaintiff — who on March 29, 1944, rendered a report to the defendants after having made an audit of the books of the heirs, pursuant to the first contract for services— to compile the necessary data in order to controvert them. We say this, bearing in mind the text of the report rendered on March 29 by the plaintiff, from which it appears very clearly that he knew of the sale of 650 shares of the American Telegraph and Telephone Company and of the sale of 225 shares of the Fajardo Sugar Company and that the same produced a net profit of $26,000 to defendants’ predecessor. Said report likewise shows that a deduction
In addition to determining the necessary evidence to controvert the deficiencies notified to the defendants, the work of the plaintiff under this second contract of employment was confined to holding some interviews, addressing several letters to the defendants, requesting from the Income Tax Bureau of the Treasury Department the reconsideration of the deficiency determinations and the holding of an administrative hearing, and appearing at that hearing on September 1, 1944. To judge from the stenographic record of said hearing, the lat
Taking into consideration the foregoing, we are of the opinion that the value of the professional fees of the plaintiff for the services rendered by him under the contract mentioned in the complaint, should be reduced from $15,914.71, granted by the lower court, to the sum of $1,000.
However, since we have reached the conclusion that there were involved two separate and independent contracts of employment, we do not think that the lower court erred in adjudging the defendants to pay costs and attorney’s fees — the obstinacy of said defendants in refusing to pay any sum to the plaintiff for his additional services is clear — or in fixing said attorney’s fees at $1,000. That sum, in our judgment, is reasonable, since the hearing of this case lasted for various days and in the course of the same numerous questions of law were argued.
The judgment appealed from should be modified so as to reduce the amount of the award in favor of the plaintiff to the sum of $1,000 and, as thus modified, the judgment is affirmed.
The $26,524.53 claimed by the plaintiff is equivalent to 25 per cent of $106,098.10, which was the sum deducted from the deficiencies notified by the Treasurer.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.