Unilateral Promise of Sale and Subsequent Disposition of Property

In a dispute concerning the execution of a contract for the sale of land, where the promise of sale was unilateral and conditioned upon the buyer obtaining financing, the court considered the effect of the seller's subsequent unilateral sale to a third party before the financing condition was met. The Court of Cassation quashed the lower court's decision, reasoning that the condition suspensive in the unilateral promise of sale, which was meant to protect the purchaser, did not prevent the seller from unilaterally disposing of the property; however, if the seller disposes of the property before the condition is realized, the seller bears the risk of the promise becoming ineffective, and the buyer retains the right to seek damages for the seller's fault in failing to ensure the sale could be concluded.