Sale of Land by Area Misrepresentation and Buyer's Remedies

The case concerns a dispute arising from a contract for the sale of land where the buyer claimed the seller misrepresented the actual boundaries of the property, asserting the delivered area was substantially smaller than what was agreed upon. The Court of Cassation quashed the lower court's decision, reasoning that when a sale is made by area and the difference between the sold and delivered area exceeds the statutory tolerance for such discrepancies, the buyer has the right to seek a price reduction or, in cases of significant shortage, the rescission of the sale, regardless of whether the deed contained standard contractual clauses intended to limit such claims.