Preliminary Agreement Validity and Final Contract Price Dispute

The case involved a dispute over the validity of a contract of sale that was concluded following a prior preliminary agreement which stipulated a fixed price and a deadline for the final contract, but the final contract was executed at a higher price after the deadline had passed, leading the purchaser to sue for performance at the initial price. The court rejected the appeal, reasoning that the preliminary agreement, which included the stipulation of a fixed price and a time limit, did not definitively bind the parties to the sale under those specific conditions for the final contract, especially since the time limit for the final agreement had expired, thus allowing the parties to freely negotiate and agree to the higher price in the subsequent definitive contract.