Ker & Co. v. Anastasia de La Rama

Summary

This case involved a commercial dispute over delayed delivery of sugar mill machinery. In 1895, Zacarias Robles ordered wheel and shafting from Ker & Co. for September delivery, but the machinery arrived in December due to vessel repairs. Despite accepting the machinery after expert verification and promising payment, Robles protested and claimed P229,000 in damages for lost sugar harvest instead of paying the P1,000 purchase price. The courts found that Robles' acceptance of the machinery constituted a waiver of damage claims, that much of the delay was caused by his own premature dismantling of the old equipment, and that any damages were too remote under Civil Code Article 1107. Both the trial court and Supreme Court ruled in favor of Ker & Co., awarding the purchase price plus litigation costs. The case establishes important precedent on contract acceptance as waiver of damage claims and the limitation of recoverable damages under the Civil Code.