JURITEXT000006954355 Généré par l'IA

Breach of Promise to Sell Real Property Without Definitive Deed

Numéro de cause JURITEXT000006954355

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1960-03-22

Issue du litige Rejeté (Dismissed)

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Synthèse Legislator

Généré par l'IA

A party sued to recover damages for breach of a promise to sell a property, asserting that the formal deed had not been executed despite the existence of a preliminary agreement and the seller's subsequent sale of the property to a third party, but the court upheld the lower court's decision denying the claim because the preliminary agreement, while establishing an obligation to contract, did not constitute a definitive sale binding the seller against third parties acting in good faith, and the breach did not cause a loss that could be legally compensated.

Regeste Legislator

Généré par l'IA

Breach of Promise to Sell Real Property Without Definitive Deed: A party sued to recover damages for breach of a promise to sell a property, asserting that the formal deed had not been executed despite the existence of a preliminary agreement and the seller's subsequent sale of the property to a third party, but the court upheld the lower court's decision denying the claim because the preliminary agreement, while establishing an obligation to contract, did not constitute a definitive sale binding the seller against third parties acting in good faith, and the breach did not cause a loss that could be legally compensated.