Contract Non-Performance and Severity of Breach for Rescission

The case involved a dispute arising from a contract where one party failed to execute the agreed-upon work, leading the other to seek rescission of the contract and damages, arguing the non-performance was a serious breach. The Court of Cassation upheld the lower court's decision to reject the claim for rescission, reasoning that while non-performance occurred, the trial judge had correctly determined, based on the facts presented, that the breach was not sufficiently serious or fundamental to warrant the dissolution of the contract, thus confirming the principle that only substantial non-performance justifies rescission.