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Answer With Permissive Counterclaim Sample

This document contains an answer with a permissive counterclaim to a civil case regarding specific performance of a contract for the sale of clothing materials. The defendant delivered said materials to the plaintiff on July 29, 2012 as agreed, but the plaintiff failed and refused to pay the agreed upon price of P300,000. Therefore, the defendant prays that the complaint be dismissed for lack of merit and requests a judgment ordering the plaintiff to pay P300,000 plus legal interest until fully paid. The defendant also requests any other just and equitable relief.

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Trem Gallente
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803 views

Answer With Permissive Counterclaim Sample

This document contains an answer with a permissive counterclaim to a civil case regarding specific performance of a contract for the sale of clothing materials. The defendant delivered said materials to the plaintiff on July 29, 2012 as agreed, but the plaintiff failed and refused to pay the agreed upon price of P300,000. Therefore, the defendant prays that the complaint be dismissed for lack of merit and requests a judgment ordering the plaintiff to pay P300,000 plus legal interest until fully paid. The defendant also requests any other just and equitable relief.

Uploaded by

Trem Gallente
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Answer with Permissive Counterclaim Sample

REPUBLIC OF THE PHILIPPINES

METROPOLITAN TRIAL COURT

City of Manila

Branch 1

MICHAEL BADIRRI,
Plaintiff,

-versus-

CIVIL CASE NO. 12345

EDIL FRANCISCO,
Defendant.
x--------------------------------------------x

ANSWER

COMES NOW, the defendant, through the undersigned counsel and unto this
Honorable Court, most respectfully avers:

That the subject matter of the complaint is specific performance of contract, and
the permissive counterclaim has no relation to such subject matter of the complaint, as
follows:

Plaintiff and defendant entered into a a contract of sale of clothing materials on or


about June 4, 2012, whereby defendant would pay or deliver to plaintiff such materials
worth P300,000.00 and the plaintiff would in turn pay the same, upon such delivery.

Defendant having delivered said clothing materials on July 29, 2012 to plaintiff, but
the latter, notwithstanding repeated demands, both oral and written, failed and refused to
pay the same and still fails and continues to refuse to pay the purchase thereof, in breach
of his obligation.
WHEREOF, defendant prays that the complaint be dismissed for lack of merit.

Under his counterclaim, judgment be rendered ordering plaintiff to pay the amount
of P300,000.00 with legal interests thereon until the principal amount and interest are fully
paid.

Such other relief and remedies as may be deemed just and equitable under the
premises are likewise prayed for.

City of Manila, September 27, 2012.

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