JURITEXT000006954708 Généré par l'IA

Specific Performance of Verbal Real Estate Sale Agreement

Numéro de cause JURITEXT000006954708

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1960-04-28

Issue du litige annulled

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Synthèse Legislator

Généré par l'IA

A dispute arose concerning the validity of a sale agreement for an immovable property, where the seller, despite having verbally accepted an offer, later refused to execute the formal deed, claiming no formal commitment had been made. The court, applying the principle that a promise to sell, when accepted by the intended buyer, constitutes a binding bilateral contract, held that the seller's subsequent refusal constituted a breach of that agreement, thereby justifying the buyer's request for judicial enforcement of the sale, which necessitates quashing the lower court's decision that upheld the seller's refusal.

Regeste Legislator

Généré par l'IA

Specific Performance of Verbal Real Estate Sale Agreement: The court, applying the principle that a promise to sell, when accepted by the intended buyer, constitutes a binding bilateral contract, held that the seller's subsequent refusal constituted a breach of that agreement, thereby justifying the buyer's request for judicial enforcement of the sale, which necessitates quashing the lower court's decision that upheld the seller's refusal.