office of the plaintiff and negotiated with the operation manager, Mr.

and
personally offered to sell the Falcata Logs;

A verbal agreement was entered into between the parties, the plaintiff will
release some amount to the defendant for the purpose of buying Falcata logs
with the express obligation of the latter to deliver the Falcata logs at the
business compound of the plaintiff within three (3) months from and after the
receipt of the amount or to return the same should the buying of Falcata logs be
not realized;

That on August 5, 2006, plaintiff has released to the defendant the total amount
of Fifty Thousand (P50,000.00) Pesos,

After the receipt of said amount, defendant and plaintiff through Mr. Silverio
Cruz once again reiterated their agreement to deliver the Falcata logs within 3
months unless there be circumstances beyond the parties’ control preventing
the same;

That on October 30, 2006, a truckload of Falcata logs with the value amounting
toThirty-three Thousand (P33,000.00) Pesos was delivered at the business
compound of the plaintiff at Lambajon, Baganga, Davao Oriental as evidenced
by an acknowledgement receipt signed by plaintiff’s warehouse person