JURITEXT000006956215 Généré par l'IA

Specific Performance vs. Subsequent Sale with Notice

Numéro de cause JURITEXT000006956215

Autorité / Tribunal Cour de cassation

Juridiction

France (FR)

Date de la décision 1961-03-08

Issue du litige Rejeté (Dismissed)

Ouvrir la source officielle Version Markdown lisible par machine (.md)

Synthèse Legislator

Généré par l'IA

The case involved a dispute over the validity of a sale of property that occurred after the seller had entered into a commitment to sell the same property to a third party, where the second buyer was aware of the prior commitment; the court rejected the appeal, reasoning that the prior agreement to sell, even if purely personal, created a binding obligation upon the seller, and the subsequent sale to a third party aware of that obligation constituted a fault enabling the initial promisee to seek damages, affirming that the lack of an official notarial deed for the prior promise did not prevent the enforcement of liability against the non-performing seller.

Regeste Legislator

Généré par l'IA

Specific Performance vs. Subsequent Sale with Notice: The case involved a dispute over the validity of a sale of property that occurred after the seller had entered into a commitment to sell the same property to a third party, where the second buyer was aware of the prior commitment; the court rejected the appeal, reasoning that the prior agreement to sell, even if purely personal, created a binding obligation upon the seller, and the subsequent sale to a third party aware of that obligation constituted a fault enabling the initial promisee to seek damages, affirming that the lack of an official notarial deed for the prior promise did not prevent the enforcement of liability against the non-performing seller.