Preliminary Agreement Breach and Subsequent Sale Validity

A seller, having promised to sell property under a preliminary agreement, subsequently sold the same property to a third party who was aware of the prior commitment; the initial prospective buyer sued to have the second sale declared void and sought enforcement of the preliminary agreement. The court dismissed the appeal, reasoning that while a breach of a preliminary promise to sell gives rise to damages, the stipulated remedy for the initial purchaser is not the nullification of the subsequent sale, especially when the third-party buyer acted in good faith regarding the definitive contract, as the promise to sell creates only a personal obligation, not a real right capable of affecting third parties.