Resolutory Clause Invocation After Election of Judicial Performance

A party to a sales contract containing a resolutory clause, upon failing to execute their obligation to pay the price within the stipulated period, sought to invoke the clause to terminate the contract after the other party had already successfully initiated judicial proceedings to compel payment. The court rejected the appeal, reasoning that the party who failed to perform their contractual obligation could not unilaterally rely on the resolutory clause to terminate the contract after the other party had chosen to pursue judicial enforcement of the contract's primary obligation (payment), as the choice of remedy belonged to the non-breaching party.