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CIVIL CASE : Specific Performance and Damages

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surwinn


Arresto Menor

Good afternoon.

Buyer filed the case (against middleman and seller) who claims the transaction is on consignment basis. The buyer issued several checks but claims that is for guarantee purpose only.

In the initial court branch 58, the counsel of the middleman already filed his answer denying the claim of the buyer. The document filed by the counsel only has his signature, without the middleman signature.

Eventually, the case was re-raffled to another branch of court(branch 60) due to failure in JDR.

Then the counsel withdraw from the case due to irreconcilable differences with the middleman.

Now, the middleman will testify in favor of the Buyer. Maybe he was offered by the Buyer. Per the records in Branch 60, there was no filing by the middleman on the answer of the complaint.

Can the Seller use the ANSWER/REPLY filed in Branch 58 by the previous counsel of the middleman in order to contradict the middleman's testimony(which is in favor of the Buyer)?

Thanks

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