Sale Nullification for Undisclosed Public Utility Declaration

A party, having entered into a contract to purchase land, sought to nullify the sale claiming a defect in the vendor's title, specifically citing a prior declaration of public utility related to the land, which the vendor had not disclosed before the sale. The court of cassation overturned the lower court's decision, reasoning that the vendor, having knowledge of the administrative act affecting the property's status, had a duty to inform the buyer, and failure to disclose such a significant encumbrance constituted a breach of good faith and justified the nullification of the sale.