Specific Performance of Real Estate Contract Upheld Against Unproven Amendment Claim

An individual, having entered into a promise to sell a property, subsequently refused to execute the final sale, citing an alleged prior agreement with the same buyer to amend the price, an assertion the buyer vehemently denied, leading to a lawsuit seeking specific performance of the original promise to sell. The Court of Cassation upheld the lower court's decision to grant specific performance, reasoning that the party refusing to sell failed to provide conclusive written proof, as required by law for agreements concerning immovable property, to substantiate the existence or terms of the alleged subsequent modification to the sale price, thus validating the enforcement of the initial, fully documented promise to sell.