JURITEXT000006956175 Généré par l'IA

Seller Entitled to Retain Deposit Upon Buyer's Breach of Land Purchase Agreement

Numéro de cause JURITEXT000006956175

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1961-03-13

Issue du litige Rejeté (Dismissed)

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Synthèse Legislator

Généré par l'IA

A party contracted to purchase land, depositing a portion of the purchase price with a notary, but subsequently refused to proceed with the sale, leading the seller to seek retention of the deposit as damages for the breach. The court held that the seller was entitled to retain the deposit because, absent a specific contractual stipulation granting the buyer the right to withdraw by forfeiting the deposit, the deposit functioned as a down payment confirming the commitment, and the seller was justified in seeking full compensation for the breach of the unilateral promise to sell, even if the deposit was less than the actual prejudice suffered.

Regeste Legislator

Généré par l'IA

Seller Entitled to Retain Deposit Upon Buyer's Breach of Land Purchase Agreement: The court held that the seller was entitled to retain the deposit because, absent a specific contractual stipulation granting the buyer the right to withdraw by forfeiting the deposit, the deposit functioned as a down payment confirming the commitment, and the seller was justified in seeking full compensation for the breach of the unilateral promise to sell, even if the deposit was less than the actual prejudice suffered.