JURITEXT000006954923 Généré par l'IA

Sale Annulment Based on Discrepancy in Property Area

Numéro de cause JURITEXT000006954923

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1961-01-23

Issue du litige Rejeté (Dismissed)

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Synthèse Legislator

Généré par l'IA

A plaintiff sought annulment of a sale, alleging the property sold did not conform to the description in the authentic act, specifically regarding the total area, while the defendant argued the sale was based on a specific, fixed area, not a general description of the land's extent. The court upheld the lower court's decision rejecting the annulment, reasoning that since the authentic deed explicitly stipulated that the sale was made for a fixed price per unit of measure and stated that the area mentioned was for reference only, the difference in area did not entitle the buyer to seek rescission of the sale, as the description did not amount to a warranty of the exact measurement.

Regeste Legislator

Généré par l'IA

Sale Annulment Based on Discrepancy in Property Area: The court upheld the lower court's decision rejecting the annulment, reasoning that since the authentic deed explicitly stipulated that the sale was made for a fixed price per unit of measure and stated that the area mentioned was for reference only, the difference in area did not entitle the buyer to seek rescission of the sale, as the description did not amount to a warranty of the exact measurement.