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Answer With Permissive Counterclaim Sample

ASDV

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Ketaks Moo
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19 views

Answer With Permissive Counterclaim Sample

ASDV

Uploaded by

Ketaks Moo
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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Republic of the Philippines

METROPOLITAN TRIAL COURT IN CITIES


First Judicial Region
Branch 1
Baguio City

AAA,
Plaintiff,
-versus- CIVIL CASE NO. 12345

BBB,
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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