Contract Rescission Denied for Incomplete Construction Work

A building owner, having contracted for construction work that was never completed, sued the contractor for rescission of the contract and damages, arguing that the contractor's failure to perform constituted a serious breach justifying termination. The Court of Cassation upheld the lower court's decision denying the rescission, reasoning that while the contractor's failure to complete the work was established, the breach was not sufficiently serious or fundamental to warrant the complete dissolution of the contract, thus limiting the remedy to damages for non-performance.