Seller v. Buyer Regarding Discrepancy Between Preliminary and Notarial Land Sale Contracts

A contract for the sale of land was entered into, but the subsequent formal notarial deed stipulated a higher purchase price than the initial agreement, leading the initial seller to sue for the enforcement of the initial, lower price. The Court of Cassation quashed the lower court's decision, reasoning that the formal notarial deed, while appearing to confirm the sale, contained a material element—the price—that substantially differed from the prior, validly executed agreement; therefore, the new act did not merely confirm the prior agreement but created a new obligation, and the seller was not bound by the new price unless there was proof that the discrepancy reflected the true, mutual intent of the parties at the time of the second act.