JURITEXT000006956014 Généré par l'IA

Seller v. Buyer (Conditional Sale Repossession)

Numéro de cause JURITEXT000006956014

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1961-01-07

Issue du litige Rejeté (Dismissed)

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Synthèse Legislator

Généré par l'IA

The dispute concerned a conditional sale agreement where the buyer, having failed to make installment payments, was sued by the seller for repossession of the goods; the lower court had ruled that the seller was not entitled to immediate repossession because the buyer had made substantial payments prior to default, allowing for a reasonable grace period, but the Supreme Court overturned this, reasoning that the express terms of the conditional sale contract explicitly stipulated that failure to pay any single installment would result in the immediate forfeiture of the benefit of the term and entitle the seller to repossession, thereby overriding any equitable considerations regarding the amount already paid.

Regeste Legislator

Généré par l'IA

Seller v. Buyer (Conditional Sale Repossession): The dispute concerned a conditional sale agreement where the buyer, having failed to make installment payments, was sued by the seller for repossession of the goods; the lower court had ruled that the seller was not entitled to immediate repossession because the buyer had made substantial payments prior to default, allowing for a reasonable grace period, but the Supreme Court overturned this, reasoning that the express terms of the conditional sale contract explicitly stipulated that failure to pay any single installment would result in the immediate forfeiture of the benefit of the term and entitle the seller to repossession, thereby overriding any equitable considerations regarding the amount already paid.