Seller's Resale of Property Constitutes Breach of Contract Requiring Deposit Return and Damages

A plaintiff contracted with a defendant to purchase an immovable property, paying a deposit, but the defendant later sold the property to a third party before the final deed was executed, leading the initial buyer to seek recovery of the deposit plus damages. The Court of Cassation quashed the lower court's decision, holding that since the contract included a clause stating the deposit would be forfeited only in the event of the buyer's default, the seller's subsequent unilateral resale of the property to another party constituted a breach of contract, thereby obligating the seller to return the deposit to the initial buyer and pay resulting damages, notwithstanding any ambiguous general clauses in the agreement.