South Porto Rico Sugar Co. v. Public Service Commission

73 P.R. 557
CourtSupreme Court of Puerto Rico
DecidedJuly 10, 1952
DocketNo. 10546
StatusPublished

This text of 73 P.R. 557 (South Porto Rico Sugar Co. v. Public Service Commission) is published on Counsel Stack Legal Research, covering Supreme Court of Puerto Rico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
South Porto Rico Sugar Co. v. Public Service Commission, 73 P.R. 557 (prsupreme 1952).

Opinion

Mr. Justice Marrero

delivered the opinion of the Court.

This case originated in the Public Service Commission. José Ramón Quiñones in his own name and in representation and in behalf of other colonos of the Guánica Central filed there a complaint in which he alleged in substance that during the 1949 grinding season he was a colono of said cen[559]*559tral which belonged to the respondent South Porto Rico Sugar Co.; that for that year the latter liquidated the sugar of its colonos, included in the marketable sugar quota fixed by the federal authorities, on the basis of the average price for said sugar during the liquidation period established by the Public Service Commission, less selling and marketing expenses, the respondent paying the corresponding amount in cash at the end of the liquidation period; but that the sugar which was not included in the aforesaid quota remained in respondent’s possession as a deposit, without the latter acquiring any right thereto, either by law or by agreement or contract with its owners; and that when the 1949 grinding season was over, the federal authorities on three occasions increased the marketable sugar quota and the respondent, assuming to act as agent of its colonos, proceeded to sell the sugar on deposit as excess sugar of the original fixed quota, and without any agreement or contract, liquidated the sugar thus sold on the basis of the average price which, had said sugar been sold when produced, would have been obtained during the corresponding liquidation period, less selling and marketing expenses, in spite of the fact that the price obtained by the respondent was substantially higher.

The respondent answered denying the essential facts of the complaint and alleging that during the 1949 grinding season and pursuant to the determination of the U. S. Secretary of Agriculture (Production & Marketing Administration), it liquidated 81 per cent of the sugar corresponding to each colono at the monthly average price thereof delivered in New York, less selling and marketing expenses; that subsequently the Secretary readjusted the marketable sugar quotas and authorized the liquidation of 93.5401502 per cent of the sugar of the colonos, which respondent did, there remaining pending liquidation only the excess quota sugar, amounting to 6.4598498 per cent of the total production for [560]*560the said crop season, which it will be obliged to liquidate at the average New York price during the period between January 1 and February 15, 1950, less selling and marketing expenses.

The issue being thus joined, and after a hearing at which the parties offered oral and documentary evidence, the Public Service Commission entered a lengthy order directing the respondent South Porto Rico Sugar Co., to liquidate its colo-nos’ sugar of the crop of said year, the sale of which, in excess of the original quota of 910,000 tons, was authorized by the Secretary of Agriculture of the United States, at the price or prices at which said sugar was sold by the respondent. The latter moved for a reconsideration which was denied. The South Porto Rico Sugar Co., then appealed to the former District Court of San Juan. After an extensive hearing the said court rendered judgment reversing and setting aside in its entirety the order appealed from and ordering the Commission to enter a new order dismissing the complaint. In the opinion delivered in support of its judgment, the said court made the following findings of fact:

“1. That for the 1949 grinding season the appellant South Porto Rico Sugar Co., the owner of the Guánica Central, purchased from all its colonos all the cane they produced.
“8. That on April 16, 1949, the appellant certified to the U. S. Secretary of Agriculture the method it was going to follow for the liquidation of the cane of the colonos stating that it would liquidate monthly in cash, except for the unmarketable sugar which would be liquidated at the average price of raw sugar during the period from January 1, 1950 to February 15, 1950, as specified in the attached ‘Notice.’
“9. That the ‘Notice’ attached to said certificate is dated March 1, 1949, was sent to all the colonos and states that 81 per cent of the sugar corresponding to the colono was to be liquidated at the average monthly price of sugar delivered in New York including cost, insurance and freight and that the liquidation of the remaining 19 per cent, estimated excess over [561]*561the production quota assigned to the island, would be retained until early in March 1950, to be liquidated at the average price corresponding to the period between January 1 and February 15, 1950 of the sugar delivered in New York including cost, insurance and freight. • The colonos were further notified in said notice that should there be an increase in the marketable sugar quota during the current year, the appellant would liquidate it at the average monthly price of sugar delivered in New York including cost, insurance and freight.
“10. That the appellant liquidated both the original 'quota of 81 per cent of the crop and the additional marketable sugar quotas, that is, from 81 per cent to 93.5401502 per cent of the crop, on the basis of the average New York market price during the period in which the canes were ground, that is, during the liquidation period fixed by the Commission, less selling and marketing expenses.
“11. That the appellant liquidated the remaining 6.4598498 per cent of the crop of its colonos, that is, the excess sugar quota, at the average New York market price during the period between January 1 and February 15, 1950, less selling and marketing expenses.
“14. That the appellant sold the marketable sugar of the additional quota at a price higher than the price at which it liquidated the sugar of its colonos, having made its last sale pursuant to a contract of November 10, 1949.
“15. That on December 19, 1949 the colonos for the first time questioned the appellant as to the method of liquidating the marketable sugar of the additional quota, claiming then and for the first time that the appellant should have liquidated their sugar at the price at which the appellant sold said sugar and not at the average New York market price during the period in which they delivered the cane which was the price at which their sugar was liquidated.
“16. That at the beginning of the 1949 season the appellant had filed in the Public Service Commission two types of contract with its colonos; one, a notarial deed and the other, a letter-contract, which contained its grinding conditions.
[562]*562“18. That prior to the aforesaid grinding season the Public Service Commission had approved the General Regulations for Sugar Companies and § § 7, 11, 12, and 19 of said Regulations were declared null and void by the Supreme Court of Puerto Rico in Godreau & Co. v. Public Service Comm’n, 71 P.R.R. 608, decided June 23, 1950.”

Its opinion also contains the following conclusions of law:

“1. That the contracts executed by the appellant' and its colonos for the purchase of cane produced by the latter during the 1949 grinding season are valid.
“2.

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73 P.R. 557, Counsel Stack Legal Research, https://law.counselstack.com/opinion/south-porto-rico-sugar-co-v-public-service-commission-prsupreme-1952.