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02 - K.K. Shell Sekiyu Osaka Hatsubaisho and Fu Hing Oil Co. Ltd. v. CA
02 - K.K. Shell Sekiyu Osaka Hatsubaisho and Fu Hing Oil Co. Ltd. v. CA
*
G.R. Nos. 90306-07. July 30, 1990.
________________
* THIRD DIVISION.
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and order the trial court to cease and desist from proceeding with
Civil Case No. 87-38930, There are still numerous material facts
to be established in order to arrive at a conclusion as to the true
nature of the relationship between Crestamonte and K.K. Shell
and between NSS and K.K. Shell. The best recourse would have
been to allow the trial court to proceed with Civil Case No. 87-
38930 and consider whatever defenses may be raised by private
respondents after they have filed their answer and evidence to
support their conflicting claims has been presented.
CORTES, J:
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trial court and ordered the latter to cease and desist from
proceeding with the case,
1. A reading of the Agency Agreement fails to support
the conclusion that K.K. Shell is a sub-agent of NSS and is,
therefore, bound by the agreement.
The body of the Agency Agreement entered into by and
between Crestamonte (referred to in the agreement as
"Owner") and NSS ("Agent") provides:
WITNESSETH
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