JURITEXT000006955164 Généré par l'IA

Contract Contingency and Loan Failure Voiding Property Sale

Numéro de cause JURITEXT000006955164

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1961-01-05

Issue du litige annulled

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Synthèse Legislator

Généré par l'IA

A contract for the sale of property, which stipulated a time limit for performance contingent upon obtaining a loan from a financial institution, was held to be void when the purchaser failed to secure the loan by the specified date, as the condition precedent to the sale was not fulfilled, and the lower court erred in interpreting the clause as merely imposing an obligation on the purchaser to make an effort to obtain the financing rather than establishing a suspensive condition whose non-occurrence rendered the agreement null and void.

Regeste Legislator

Généré par l'IA

Contract Contingency and Loan Failure Voiding Property Sale: A contract for the sale of property, which stipulated a time limit for performance contingent upon obtaining a loan from a financial institution, was held to be void when the purchaser failed to secure the loan by the specified date, as the condition precedent to the sale was not fulfilled, and the lower court erred in interpreting the clause as merely imposing an obligation on the purchaser to make an effort to obtain the financing rather than establishing a suspensive condition whose non-occurrence rendered the agreement null and void.