Breach of Promise to Sell Immovable Property and Nullification of Subsequent Sale

A contract stipulated the sale of an immovable property with a completion date set for a specific month; however, the vendor, after having received a deposit, sold the same property to a third party before the final deed was signed. The initial purchaser sought nullification of the second sale and damages, claiming the vendor breached the initial commitment to sell, but the appellate court dismissed the claim, ruling that the preliminary contract, lacking an explicit clause allowing for nullification upon breach, only created a personal obligation for the vendor, not a right in rem against the property transferable to a third-party purchaser. The highest court quashed this decision, reasoning that the vendor's subsequent sale, despite the absence of a specific nullification clause, constituted a fraudulent breach of the commitment to sell, which, in light of established jurisprudence, allowed the initial promisee to seek the nullification of the subsequent transfer.