JURITEXT000006955007 Généré par l'IA

Purchaser's Unilateral Suspension of Installment Payments Breach of Contract Justifying Seller's Enforcement of Sale Despite Minor Property Defect

Numéro de cause JURITEXT000006955007

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1961-01-09

Issue du litige Rejeté (Dismissed)

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Synthèse Legislator

Généré par l'IA

A purchaser of property, who was obligated to pay the price in installments, ceased payments after discovering a defect affecting the property's value and sought the cancellation of the sale, arguing the seller had breached their warranty obligation; the court rejected the appeal, holding that the purchaser's unilateral decision to suspend payments without judicial authorization constituted a breach of contract, thereby justifying the seller's subsequent action to enforce the sale agreement, because the alleged defect did not render the property entirely unfit for its intended use, which would have been the only justifiable ground for immediate non-performance.

Regeste Legislator

Généré par l'IA

Purchaser's Unilateral Suspension of Installment Payments Breach of Contract Justifying Seller's Enforcement of Sale Despite Minor Property Defect: A purchaser of property, who was obligated to pay the price in installments, ceased payments after discovering a defect affecting the property's value and sought the cancellation of the sale, arguing the seller had breached their warranty obligation; the court rejected the appeal, holding that the purchaser's unilateral decision to suspend payments without judicial authorization constituted a breach of contract, thereby justifying the seller's subsequent action to enforce the sale agreement, because the alleged defect did not render the property entirely unfit for its intended use, which would have been the only justifiable ground for immediate non-performance.