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authority is to the effect that the plaintiff need bring but one action and that he may
recover the damages sustained for the whole period even though it be by
anticipation
Whether or not such acts of Espejo and Zaldariaga were actionable and if so under
what legal principle.
HELD:
The liability of the appellants (Espejo and Zaldariaga) arises from unlawful actsand
not from contractual obligations, as they were under no such obligation to
induceCuddy to violate his contract with Gilchrist. So that if the action of Gilchrist
had been onefor damages, it would be governed by Chapter 2, title 16, book 4 of
the (Spanish) CivilCode. Article 1902 of that code provides that a person who, by act
or omission, causesdamage to another when there is fault or negligence, shall be
obliged to repair the damageso done. There is nothing in this article which requires
as a condition precedent to theliability of a tortfeasor that he must know the
identity of a person to whom he causesdamage. In fact, the chapter wherein this
article is found clearly shows that no suchknowledge is required in order that the
injured party may recover for the damage suffered.