JURITEXT000006954387 Généré par l'IA

Purchaser's Failure to Ascertain Land Use Precludes Restitution of Deposit

Numéro de cause JURITEXT000006954387

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1960-04-21

Issue du litige Rejeté (Dismissed)

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Synthèse Legislator

Généré par l'IA

A party contracted to purchase several plots of land contingent upon obtaining a building permit within a specified time frame, and after the permit was refused because the land was designated for public use, the purchaser sued for restitution of the deposit paid, arguing the condition precedent failed; the court rejected this appeal, reasoning that since the refusal of the permit was due to the pre-existing public destination of the land, which the purchaser was deemed to have been aware of or should have ascertained, the failure of the condition was attributable to the purchaser, thus justifying the retention of the deposit by the seller.

Regeste Legislator

Généré par l'IA

Purchaser's Failure to Ascertain Land Use Precludes Restitution of Deposit: A party contracted to purchase several plots of land contingent upon obtaining a building permit within a specified time frame, and after the permit was refused because the land was designated for public use, the purchaser sued for restitution of the deposit paid, arguing the condition precedent failed; the court rejected this appeal, reasoning that since the refusal of the permit was due to the pre-existing public destination of the land, which the purchaser was deemed to have been aware of or should have ascertained, the failure of the condition was attributable to the purchaser, thus justifying the retention of the deposit by the seller.