Seller's Claim for Damages Rejected After Buyer's Resale of Defective Item

A seller of a movable asset sought damages from a buyer who had resold the item to a third party after discovering a hidden defect, arguing that the resale constituted an unauthorized disposition preventing proper rescission of the original sale. The court rejected the seller's claim, reasoning that the subsequent resale by the buyer, even after learning of the defect, did not preclude the original seller from exercising their right to claim rescission or damages, as the buyer was entitled to act as owner until the rescission was judicially pronounced, and the discovery of the defect only gave rise to the buyer's obligations under warranty against hidden defects, not an immediate prohibition on further disposition.